Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

Full story

Family Law Week, 21st January 2013

Source: www.familylawweek.com

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Unvisited: Looked after children and the role of the Independent Visitor – Family Law Week

Posted December 14th, 2012 in care orders, children, local government, news, social services by tracey

“Noel Arnold, Head of Legal Practice at the Coram Children’s Legal Centre, considers the importance of Independent Visitors for looked after children and clarifies confusions in the current arrangements.”

Full story

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Association of Lawyers for Children – Annual Conference Keynote Speech by The Hon Mr Justice Ryder

Posted November 23rd, 2012 in care orders, children, family courts, speeches by tracey

“The Honourable Mr Justice Ryder delivered the keynote speech in Bristol at the annual conference on Friday 16 November 2012.”

Full speech

Association of Lawyers for Children, 16th November 2012

Source: www.alc.org.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Does it matter what I think”? A comparison of the consideration of children’s views in Hague Convention cases and Children Act 1989 proceedings – Family Law Week

Posted October 26th, 2012 in care orders, child abduction, children, custody, news by tracey

“Radhika Handa, barrister, of Coram Chambers compares the court’s consideration of children’s wishes in Hague Convention and Children Act cases, in both private and public law.”

Full story

Family Law Week, 26th October 2012

Source: www.familylawweek.co.uk

Ben Butler’s case reminds us the justice system is not infallible – The Guardian

“Ben Butler, found to have shaken his seven week old baby in both care proceedings and criminal proceedings in 2008, has finally been declared an innocent man. Ben had taken his daughter Ellie to hospital after she had collapsed with breathing problems, but suspicion quickly fell on him when doctors believed the symptoms she displayed were conclusive evidence of shaking. Five years on, and the discovery of medical evidence that no one had previously seen, a high court judge has exonerated Ben of any wrongdoing.”

Full story

The Guardian, 18th October 2012

Source: www.guardian.co.uk

Autonomy and the role of the Official Solicitor – whose interests are really being represented? – UK Human Rights Blog

“The day before our seminar on the Court of Protection and the right to autonomy, the Strasbourg Court has ruled on a closely related issue in a fascinating challenge to the role of the Official Solicitor in making decisions on behalf of individuals who are for one reason or another unable to act for themselves.”

Full story

UK Human Rights Blog, 10th October 2012

Source: www.ukhumanrightsblog.com

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily

Posted August 1st, 2012 in care orders, families, judgments, law reports, split hearings by sally

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Section 38(6) Applications – Further fine-tuning – Family Law Week

“Sally Gore, barrister, of 14 Gray’s Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal’s clarification in S (A Child) [2011].”

Full story

Family Law Week, 27th July 2012

Source: www.familylawweek.co.uk

Supreme Court decides: Liability of a local authority to pay the costs of a party to care proceedings – Hardwicke Chambers

Posted July 27th, 2012 in care orders, costs, grandparents, news, third parties by sally

“The Supreme Court has today delivered its Judgment in the case of T (children) [2012] UKSC 36 concerning the liability of a local authority to pay the costs of a party to care proceedings.”

Full story

Hardwicke Chambers, 25th July 2012

Source: www.hardwicke.co.uk

In re T (Children) (Care Proceedings: Costs) – WLR Daily

Posted July 27th, 2012 in care orders, children, costs, grandparents, law reports by sally

In re T (Children) (Care Proceedings: Costs) [2012] UKSC 36; [2012] WLR (D) 223

“A local authority should not be liable in care proceedings for the costs of interveners against whom allegations had been reasonably made but which had been held by the court to be unfounded.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service – WLR Daily

Posted July 4th, 2012 in care orders, children, guardianship, human rights, law reports by sally

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service [2012] EWCA Civ 853; [2012] WLR (D) 189

“Although CAFCASS was under a statutory duty in general terms to provide a scheme for the representation of children in care proceedings in England, that duty did not extend to a specific obligation to ensure that a particular child in an individual case was represented or that representation should be arranged in accordance with a precise timetable.”

WLR Daily, 29th June 2012

Source: www.iclr.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

DfE sets out key features of Children and Families Bill – Family Law Week

Posted May 10th, 2012 in adoption, bills, care orders, children, families, news, special educational needs by sally

“The Department for Education has set out the key features of the Children and Families Bill announced in the Queen’s Speech. The Bill is expected to be introduced early in 2013.”

Full story

Family Law Week, 9th May 2012

Source: www.familylawweek.com

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