Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by tracey

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

Posted February 11th, 2022 in care orders, chambers articles, children, families, family courts, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, February 10th 2022

Source: spirebarristers.co.uk

Government unlawfully denying care to vulnerable teenagers, say lawyers – The Independent

Posted February 8th, 2022 in age discrimination, care orders, government departments, news, young persons by sally

‘High Court to hear that ministers have irrationally discriminated against 16- and 17-year-olds in care by not including them in new legislation designed to protect looked-after children.’

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The Independent, 8th February 2022

Source: www.independent.co.uk

Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted January 20th, 2022 in care orders, children, learning difficulties, news, witnesses by tracey

‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Windrush: Care leavers say compensation is being denied – BBC News

Posted November 30th, 2021 in care orders, children, citizenship, colonies, compensation, immigration, news by tracey

‘Government compensation is being denied to some Windrush victims who were in care as children, it is claimed.’

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BBC News, 30th November 2021

Source: www.bbc.co.uk

Acting for both sides “may become the norm” in divorce work – Legal Futures

‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’

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Legal Futures, 23rd November 2021

Source: www.legalfutures.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

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St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer

‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

The Factors and Guidance to make an application for Discharge of a Care Order pursuant to s. 39 of the Children Act 1989 – Becket Chambers

‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’

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Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

Mother loses appeal over order that father should be informed of care proceedings – Local Government Lawyer

Posted August 20th, 2021 in appeals, care orders, children, families, local government, news, rape, sexual offences by sally

‘The Court of Appeal has dismissed an appeal against an order that a child’s biological father should be informed of care proceedings concerning his daughter against the mother’s wishes.’

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Local Government Lawyer, 19th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

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Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Ep148: Interim Care Orders and Newborn Babies – Law Pod UK

Posted July 30th, 2021 in birth, care orders, families, news, podcasts by sally

‘Richard Ager and Clare Ciborowska of 1 Crown Office Row (Brighton) discuss with Rosalind English the distressing and emotional business of removing newborns from their mothers when it is decided that it is in the infant’s best interests. Earlier this year the Public Law Working group has published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. Whether these recommendations will be implemented remains to be seen.’

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Law Pod UK, 29th July 2021

Source: audioboom.com

Child protection investigations – no further action necessary? – Transparency Project

Posted July 23rd, 2021 in care orders, children, families, local government, news, social services by sally

‘Are hundreds of thousands of families being put through unnecessary investigations by unchecked social workers? That’s the suggestion made by a succession of recent news stories, some prompted by the first report of the Independent Review of Children’s Social Care. Services are ‘too focused on investigating families’, went the BBC; ‘innocent families have been traumatised by groundless investigations’, said The Times as part of a series on the issue, elsewhere reporting that ‘councils … launch abuse investigations based on a single unexplained mark’, and asserting ‘social workers too quick to wade in’, quoting the Review’s chair, Josh Macalister, as saying that social workers are ‘investigating first when [they] should be helping’.’

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Transparency Project, 23rd July 2021

Source: www.transparencyproject.org.uk

Judge praises council for “brave but proper decision” to end care proceedings – Local Government Lawyer

‘A Family Court judge has praised the London Borough of Bromley for its “brave but proper decision” to end care proceedings in case where a child was suspected to have suffered deliberate injury but was later found not to.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk