care orders – Page 4 – Current Awareness

Challenge upheld to Covid-19 changes to care regime for children – UK Human Rights Blog

Posted December 8th, 2020 in adoption, care orders, children, coronavirus, ministers' powers and duties, news by sally

‘The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult certain bodies representing children in care, including the Children’s Commissioner for England, before introducing the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (“the Amendment Regulations”) following the outbreak of the Coronavirus pandemic.’

UK Human Rights Blog, 7th December 2020

Source: ukhumanrightsblog.com

What is the evidence that mediation works in child protection? – Transparency Project

Posted November 19th, 2020 in care orders, children, dispute resolution, families, family courts, news by sally

‘Both the Family Justice Review led by David Norgrove back in 2011 and the Care Crisis Review report in 2018 have asked whether child protection mediation in public law could offer anything useful over and above the usual methods of best engaging and involving families in or on the edge of care proceedings. Current methods include Public Law Outline (PLO) processes, Family Group Conferences (FGCs) and problem-solving courts like the Family Drug and Alcohol Court (FDAC). The Care Crisis review noted that mediation in public law was an under researched area.’

Transparency Project, 18th November 2020

Source: www.transparencyproject.org.uk

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

Posted November 16th, 2020 in attempts, care orders, children, detention, family courts, human rights, local government, mental health, news, suicide by sally

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

Posted November 16th, 2020 in adoption, appeals, care orders, children, deceit, families, family courts, judges, local government, news by sally

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

Posted November 10th, 2020 in care orders, child abduction, children, deprivation of liberty safeguards, domicile, news by sally

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

Children: Public Law Update (October) – Family Law Week

Posted November 2nd, 2020 in appeals, asylum, burden of proof, care orders, children, disclosure, families, family courts, immigration, local government, news, remote hearings, stay of proceedings, Supreme Court by tracey

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Babies being removed from mothers during remote hearings – report – The Guardian

Posted October 27th, 2020 in care orders, children, coronavirus, family courts, news, remote hearings, reports, telephone hearings by sally

‘New mothers are having their babies taken into care during remote video and phone hearings from hospital, according to a report on justice during the coronavirus pandemic.’

The Guardian, 27th October 2020

Source: www.theguardian.com

Challenging adoption – two recent cases – Transparency Project

Posted October 26th, 2020 in adoption, appeals, care orders, children, families, local government, news by sally

‘In this post, I am going to explain two recent decisions by the Court of Appeal about adoption. These are Re Y – which is about leave to oppose (I will explain), and Re JL which is about leave to revoke a placement order (I really will explain). These decisions are nothing special in terms of their wider relevance – they do not change the law in a landmark way, nor are they “disruptive judgments”. They are, however, useful in understanding what the law requires of local authorities and the courts in deciding whether a child should be adopted.’

Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by tracey

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Judge orders placement for adoption for three children amid extreme over-reaction of parents to involvement of professionals – Local Government Lawyer

Posted September 23rd, 2020 in adoption, care orders, children, deceit, families, judges, local government, news by sally

‘A High Court judge has ordered that three children be placed for adoption after calling their mother “the most egregious liar I have ever encountered”.’

Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Public law children case update: contact, nationality and stays – Local Government Lawyer

Posted September 18th, 2020 in appeals, care orders, children, citizenship, contact orders, coronavirus, families, family courts, local government, news, parental rights by tracey

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

Posted September 18th, 2020 in adoption, appeals, care orders, children, conflict of interest, damages, families, local government, news, social services by tracey

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Children ‘should be banned from unregulated care homes’ – BBC News

Posted September 10th, 2020 in care homes, care orders, children, news, standards by sally

‘The government should ban placing under-18s in care in unregulated homes amid concerns over sexual and criminal exploitation, the children’s commissioner for England has said.’

BBC News, 9th September 2020

Source: www.bbc.co.uk

Re D-S (Contact with Children in Care: Covid-19) – Family Law Week

Posted August 28th, 2020 in appeals, care orders, causing serious physical harm to a child or vulnerable adult, children, coronavirus, families, family courts, local government, news by sally

‘This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.’

Family Law Week, 13th August 2020

Source: www.familylawweek.co.uk

Family Law Newsletter – Spire Barristers

Posted August 27th, 2020 in care orders, children, citizenship, contact orders, coronavirus, news by sally

‘Issue #37 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

Spire Barristers, 26th August 2020

Source: spirebarristers.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

Posted August 26th, 2020 in autism, care orders, children, disabled persons, evidence, families, family courts, local government, news, supervision orders by sally

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother and grandparents win appeal over interim care orders – Local Government Lawyer

Posted August 26th, 2020 in appeals, care orders, children, coronavirus, domestic violence, drug abuse, families, local government, news, remote hearings by sally

‘The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts required to conduct hearings remotely because of the restrictions imposed as a result of the pandemic”.’

Local Government Lawyer, 24th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

Posted August 17th, 2020 in appeals, care orders, children, EC law, families, foreign jurisdictions, France, jurisdiction, local government, mental health, news by sally

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

Panopticon, 7th August 2020

Source: panopticonblog.com

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