Failure to Clarify Immigration Status in Care Proceedings by Lucy Coen – Broadway Chambers

‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’

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Broadway Chambers, 29th July 2024

Source: www.broadwayhouse.co.uk

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authorities, care orders and consent to confinement – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

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Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Local authority wins Court of Appeal challenge over interim care order requiring it to arrange direct contact between mother and daughter – Local Government Lawyer

Posted May 21st, 2024 in care orders, children, contact orders, local government, news by sally

‘The Court of Appeal has allowed an appeal brought by a local authority against a judge’s direction that the council should facilitate interim direct contact between a young girl and her mother.’

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The Independent, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds judge fell into errors of principle when making finding of ‘inflicted injuries’ – Local Government Lawyer

Posted May 7th, 2024 in care orders, child abuse, evidence, families, judges, mistake, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.’

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Local Government Lawyer, 2nd May 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk

High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal in challenge to ‘pool finding’ in care proceedings – Local Government Lawyer

Posted February 29th, 2024 in care orders, child abuse, evidence, families, news by sally

‘The Court of Appeal has overturned a Family Court decision concerning an injured child because of a series of legal errors.’

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Local Government Lawyer, 29th February 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge provides guidance on applications for psychological assessments in care proceedings – Local Government Lawyer

Posted February 27th, 2024 in care orders, family courts, news, psychiatrists, social services by sally

‘A High Court judge has given guidance on when applications for a psychologist to undertake a cognitive assessment in care proceedings should be made and the approach that the Family Court should take, warning that “misconceived applications are exceedingly common”.’

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Local Government Lawyer, 27th February 2024

Source: www.localgovernmentlawyer.co.uk

Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer

‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by sally

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk