Judge was wrong to allow 14-year-old boy in care proceedings instruct own solicitor, Court of Appeal rules – Local Government Lawyer

Posted August 1st, 2023 in care orders, children, family courts, legal representation, news by sally

‘The Court of Appeal has allowed a mother’s appeal against an order permitting a 14-year-old boy in care proceedings to instruct his own solicitor.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to let 14-year-old boy instruct solicitor – Legal Futures

Posted July 27th, 2023 in care orders, children, family courts, legal representation, news by sally

‘A family court judge was wrong to order that a 14-year-old boy be allowed to instruct his own solicitor in care proceedings, the Court of Appeal has ruled.’

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Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds recorder was wrong to decide there was no necessity for psychological assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against care and placement orders made in respect of her son, after finding the recorder was wrong to decide that there was “no necessity for a psychological assessment”.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Father in UK charged with rape made party to child’s care proceedings – The Guardian

‘A father without parental responsibility who has been charged with two counts of rape – and amid an allegation his son was conceived of rape – has won an appeal to be made party to care proceedings concerning the boy.’

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The Guardian, 25th June 2023

Source: www.theguardian.com

Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer

Posted May 9th, 2023 in care orders, case management, judgments, local government, news by sally

‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’

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Local Government Lawyer, 5th May 2023

Source: www.localgovernmentlawyer.co.uk

Family members taking on vulnerable children to receive better legal support – Ministry of Justice

‘Extended family members seeking to provide long-term, stable care for vulnerable children will be able to access free legal advice, thanks to new government investment announced today (30 April 2023).’

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Ministry of Justice, 1st May 2023

Source: www.gov.uk

Legal aid widened but grandparents ‘will fall through justice gap’ – Law Society’s Gazette

‘The scope of legal aid has been widened to family and friends applying to look after a vulnerable child – however, the Law Society says the changes do not go far enough.’

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Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Adequacy of reasons and the approach to clarification – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the adequacy of reasons in a judgment in care proceedings, and the approach that should be taken to clarification, writes Jennifer Youngs.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Admissibility of foreign convictions in proceedings under the Children Act 1989 – Family Law Week

‘Samuel Arksey, a pupil barrister at Senate House Chambers considers the admissibility of foreign convictions in proceedings under the Children Act 1989.’

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Family Law Week, 15th March 2023

Source: www.familylawweek.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

Reopening findings of fact: fairness of hearing – Local Government Lawyer

Posted February 17th, 2023 in adoption, care orders, child cruelty, child neglect, children, families, local government, news by tracey

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer

Posted February 1st, 2023 in appeals, care orders, child cruelty, children, families, local government, news by sally

‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Judge finds threshold met on facts before the Court despite all parties considering it was not – Local Government Lawyer

Posted January 27th, 2023 in care orders, children, families, fostering, local government, news by sally

‘A High Court judge has found the threshold was crossed for the making of a care order for a 14-year-old girl, despite all parties thinking it was not met.’

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Local Government Lawyer, 27th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms s20 voluntary accommodation agreements can be used for settled long-term placements – Local Government Lawyer

Posted January 19th, 2023 in care orders, children, local government, news by tracey

‘The Court of appeal has allowed two appeals which concerned the interplay between care orders and the voluntary accommodation of children under section 20 of the Children Act 1989.’

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Local Government Lawyer, 18th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk