Children: Public Law Update – Family Law Week

Posted February 20th, 2012 in care orders, child abuse, children, fostering, news, witnesses by sally

“John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children.”

Full story

Family Law Week, 19th February 2012

Source: www.familylawweek.co.uk

Baby P effect puts record number of ‘at risk’ children in care – The Guardian

Posted September 9th, 2011 in care orders, child abuse, news, social services by tracey

“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.”

Full story

The Guardian, 8th September 2011

Source: www.guardian.co.uk

Hospital faces legal action over newborn baby seized from mother – The Guardian

Posted June 20th, 2011 in breastfeeding, care orders, hospitals, judicial review, news by sally

“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.”

Full story

The Guardian, 17th June 2011

Source: www.guardian.co.uk

How a specialist court is helping families riven by addiction – The Guardian

Posted May 26th, 2011 in alcoholism, care orders, drug abuse, families, news by sally

“The family drug and alcohol court is making a difference in breaking the intergenerational cycle of self-destructive behaviour.”

Full story

The Guardian, 26th May 2011

Source: www.guardian.co.uk

Oldham care baby mother takes battle to European courts – BBC News

Posted February 11th, 2011 in care orders, human rights, news, social services by sally

“A mother from Greater Manchester who claims her baby daughter was wrongly taken into care has taken her case to the European Courts.”

Full story

BBC news, 11th February 2011

Source: www.bbc.co.uk

Higher court fees risk putting councils off care proceedings – The Guardian

Posted October 29th, 2010 in care orders, fees, local government, news by sally

“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Mother fails to gain reunion with daughter in Northants – BBC News

Posted October 8th, 2010 in care orders, fostering, mental health, news by sally

“A mother has failed in a bid to be reunited with her daughter, despite the appeal court in London recognising the bond between them.”

Full story

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

Posted April 7th, 2009 in care orders, children, news, social services by sally

“Social workers in Nottingham failed to follow the correct legal processes in separating a baby from its teenage mother, a report has concluded.”

Full story

BBC News, 6th April 2009

Source: www.bbc.co.uk

More open justice for families in the courts – The Times

Posted October 20th, 2008 in care orders, family courts, news by sally

“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’.”

Full story

The Times, 20th October 2008

Source: www.timesonline.co.uk

R. K. and A. K. v United Kingdom – Times Law Reports

Posted October 13th, 2008 in care orders, human rights, law reports by sally

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

Posted September 30th, 2008 in care orders, child abuse, compensation, news by sally

“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.”

Full story

BBC News, 30th September 2008

Source: www.bbc.co.uk

Court costs ‘risk’ for children – BBC Law in Action

Posted July 1st, 2008 in care orders, costs, special report by sally

“A rise in court costs could be deterring local authorities from applying for protection for vulnerable children, the BBC has learned.”

Full story

BBC Law in Action, 1st July 2008

Source: www.bbc.co.uk

In re B (Children) (Care orders: Standard of proof) – Times Law Reports

Posted June 12th, 2008 in care orders, law reports, standard of proof by sally

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

Posted June 11th, 2008 in care orders, child abuse, law reports, standard of proof by sally

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

RP v Nottingham City Council

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

Posted May 6th, 2008 in care orders, child abuse, child neglect, news by sally

“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.”

Full story

The Times, 6th May 2008

Source: www.timesonline.co.uk

Government putting a price on the future of children – The Times

Posted April 29th, 2008 in care orders, family courts, fees, special report by sally

” 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.”

Full story

The Times, 28th April 2008

Source: www.timesonline.co.uk

Children ‘put at risk by higher court fees’ – The Times

Posted April 28th, 2008 in care orders, children, family courts, fees, news by sally

” 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.”

Full story

The Times, 28th April 2008

Source: www.timesonline.co.uk

Getting left behind? – Law Society’s Gazette

Posted April 18th, 2008 in care orders, children, family courts, special report by sally

“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.”

Full story

Law Society’s Gazette, 17th April 2008

Source: www.lawgazette.co.uk