Children: Public Law Update – Family Law Week
“John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children.”
Family Law Week, 19th February 2012
Source: www.familylawweek.co.uk
Category: care orders
Baby P effect puts record number of ‘at risk’ children in care – The Guardian
“Record numbers of ‘at risk’ children are being taken from their families and placed into care, official figures show, as social workers respond to what they regard as increasing neglect and emotional abuse of vulnerable youngsters.”
The Guardian, 8th September 2011
Source: www.guardian.co.uk
Hospital faces legal action over newborn baby seized from mother – The Guardian
“A breastfeeding mother whose newborn baby was forcibly taken from her and put into care for six days is seeking a judicial review over alleged unlawful treatment during a crucial bonding period with her daughter.”
The Guardian, 17th June 2011
Source: www.guardian.co.uk
How a specialist court is helping families riven by addiction – The Guardian
“The family drug and alcohol court is making a difference in breaking the intergenerational cycle of self-destructive behaviour.”
The Guardian, 26th May 2011
Source: www.guardian.co.uk
Oldham care baby mother takes battle to European courts – BBC News
“A mother from Greater Manchester who claims her baby daughter was wrongly taken into care has taken her case to the European Courts.”
BBC news, 11th February 2011
Source: www.bbc.co.uk
Higher court fees risk putting councils off care proceedings – The Guardian
“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”
The Guardian, 28th October 2010
Source: www.guardian.co.uk
Mother fails to gain reunion with daughter in Northants – BBC News
“A mother has failed in a bid to be reunited with her daughter, despite the appeal court in London recognising the bond between them.”
BBC News, 7th October 2010
Source: www.bbc.co.uk
In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily
In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365
“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”
WLR Daily, 15th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Baby unlawfully taken from mother – BBC News
“Social workers in Nottingham failed to follow the correct legal processes in separating a baby from its teenage mother, a report has concluded.”
BBC News, 6th April 2009
Source: www.bbc.co.uk
More open justice for families in the courts – The Times
“Family courts are to be opened up to public scrutiny in response to mounting criticism from parents whose children are taken into care that they are victims of ‘secret justice’.”
The Times, 20th October 2008
Source: www.timesonline.co.uk
R. K. and A. K. v United Kingdom – Times Law Reports
R. K. and A. K. v United Kingdom (Application No 38000/05)
European Court of Human Rights
“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”
The Times, 13th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
Damages for parents in care case – BBC News
“A British couple whose two-month-old daughter was taken into care after a ‘misguided’ suspicion of abuse have been awarded £8,000 in compensation.”
BBC News, 30th September 2008
Source: www.bbc.co.uk
Court costs ‘risk’ for children – BBC Law in Action
“A rise in court costs could be deterring local authorities from applying for protection for vulnerable children, the BBC has learned.”
BBC Law in Action, 1st July 2008
Source: www.bbc.co.uk
In re B (Children) (Care orders: Standard of proof) – Times Law Reports
In re B (Children) (Care orders: Standard of proof)
House of Lords
“The standard of proof necessary to establish the threshold for making a care order was the simple balance of probabilities. Neither the seriousness of any allegations nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.”
The Times, 12th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
In re B (Minors) (Sexual Abuse: Standard of Proof) – WLR Daily
In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186
“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”
WLR Daily, 11th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
RP v Nottingham City Council – Times Law Reports
Court of Appeal
“There was no breach of a mother’s right to a fair hearing under article 6 of the European Convention on Human Rights when she was represented by the Official Solicitor who conceded that overwhelming evidence justified making a care order.”
The Times, 10th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Fears for children at risk as care order applications fall by a third – The Times
“Children at risk of abuse or neglect face even greater danger because of a new system designed to cut costs and speed up care proceedings, the Government has been warned.”
The Times, 6th May 2008
Source: www.timesonline.co.uk
Government putting a price on the future of children – The Times
” While the Government digests the disastrous effects of the Domestic Violence, Crime & Victims Act 2004, introduced in July last year, on the protection of the victims of domestic violence, it might also give consideration to another legislative time-bomb affecting family proceedings.”
The Times, 28th April 2008
Source: www.timesonline.co.uk
Children ‘put at risk by higher court fees’ – The Times
” Vulnerable children face a greater risk of harm because of a dramatic rise in the cost of taking them into care, ministers have been warned.”
The Times, 28th April 2008
Source: www.timesonline.co.uk
Getting left behind? – Law Society’s Gazette
“Radical changes to the way childcare cases are processed and how much they will cost could leave vulnerable children at risk, family law experts fear. Grania Langdon-Down reports.”
Law Society’s Gazette, 17th April 2008
Source: www.lawgazette.co.uk
