Ariadne’s Golden Thread: Placing Children in Secure Accommodation – Family Law Week

Posted April 10th, 2015 in care orders, children, jurisdiction, news by sally

‘Alex Laing, pupil at Coram Chambers, provides a step-by-step guide through the secure accommodation labyrinth when determining whether to use section 25 of the Children Act 1989 or the inherent jurisdiction.’

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Family Law Week, 9th April 2015

Source: www.familylawweek.co.uk

Daedalus’s Twist? Secure Accommodation after a Child’s 16th Birthday – Family Law Week

Posted April 10th, 2015 in care orders, children, jurisdiction, news by sally

‘Alex Laing, pupil at Coram Chambers, examines whether, and if so on what basis, the court can place in secure accommodation a child who has celebrated his 16th birthday.’

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Family Law Week, 9th April 2015

Source: www.familylawweek.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Care orders and accommodation pending appeal – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, homelessness, housing, news, Supreme Court by sally

‘Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

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Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

DIY Justice – Panorama

Posted March 31st, 2015 in care orders, legal aid, legal representation, litigants in person, news by sally

‘Raphael Rowe meets the parents fighting for access to their children without any legal assistance. Cuts to legal aid mean they must represent themselves in court.’

iPlayer

Panorama, 30th March 2015

Source: www.bbc.co.uk

Father who insisted he had a right to smack his children has son and daughter taken into care – Daily Telegraph

‘The father, from Rotherham, was completely open with social workers about his conviction that children benefit from corporal punishment.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

Satanic cult claims dismissed by High Court judge – Daily Telegraph

Posted March 20th, 2015 in care orders, child abuse, news, witchcraft by sally

‘Claims that a “satanic cult” where children were abused by paedophiles has been operating in north London have been dismissed by a High Court judge.’

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Daily Telegraph, 19th March 2015

Source: www.telegraph.co.uk

‘How not to embark upon, and pursue, a care case’ – Park Square Barristers

Posted March 19th, 2015 in care orders, news, placement orders, social services by sally

‘In the 2014 case Re R (A Child) [2014] EWCA Civ 1625, the president considered the post-Re B & -Re B-S landscape, stressing that ‘Re B-S was not intended to change and has not changed the law’ [para. 44] on adoption. The president’s judgment clarified that, in the wake of Re B and Re B-S, it is not right to say that an application for a placement order now has to ‘surmount a much higher hurdle’ or to exclaim that ‘adoption is over’.’

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Park Square Barristers, 25th February 2015

Source: www.parksquarebarristers.co.uk

Children: Public Law Update (March 2015) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

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Family Law Week, 3rd March 2015

Source: www.familylawweek.co.uk

President of Family Division inveighs against social engineering in adoption proceedings – UK Human Rights Blog

Posted February 25th, 2015 in adoption, care orders, children, custody, drug abuse, families, family courts, human rights, news by sally

‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Egregious Failures by a Local Authority : Damages under the Human Rights Act in Care Proceedings: Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam)

Posted February 24th, 2015 in care orders, damages, grandparents, human rights, local government, news by sally

‘On 30 January 2015 Mr Justice Keehan handed down his judgment in Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam). It is another case where the Local Authority having breached parties Articles 6 and 8 rights in care proceedings the court awarded damages within care proceedings.’

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The World of Family Law (Garden Court Chambers), 23rd February 2015

Source: www.gcfamily.wordpress.com

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Judge criticises council after toddler taken into care over father’s links to English Defence League – Daily Telegraph

Posted February 18th, 2015 in care orders, case management, children, local government, news, social services by sally

‘Sir James Munby says approach taken by Darlington Borough Council “almost a textbook example of how not to pursue a care case” over fears of links to EDL.’

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Daily Telegraph, 17th February 2015

Source: www.telegraph.co.uk

The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by sally

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

‘Gratuitously rude’ judge reprimanded in CoA ruling – Law Society’s Gazette

‘A family judge was reprimanded by Court of Appeal judges twice in two days and told he should be “embarrassed” by the way he handled a case, it has emerged.’

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Law Society’s Gazette, 6th February 2015

Source: www.lawgazette.co.uk

Council to pay £17k damages for “truly lamentable” failures in child care case – Local Government Lawyer

Posted February 6th, 2015 in care orders, child abuse, children, damages, delay, local government, news, social services by sally

‘A High Court judge has ordered a county council to pay £17,000 in damages under the Human Rights Act following a “truly lamentable” catalogue of errors, omissions, delays and serial breaches of court orders in a child care case.’

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Local Government Lawyer, 4th February 2015

Source: www.localgovernmentlawyer.co.uk

In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by sally

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015

Source: www.iclr.co.uk

Court of Appeal slams judge for “unprincipled” approach to final care orders – Local Government Lawyer

Posted February 2nd, 2015 in appeals, care orders, case management, children, judges, local government, news by sally

‘The Court of Appeal has sharply criticised a county court judge for adopting a “ruthlessly truncated” and “fundamentally unprincipled” process when he made final care orders at what the parties expected to be a directions hearing.’

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Local Government Lawyer, 2nd February 2015

Source: www.localgovernmentlawyer.co.uk