care orders – Page 5 – Current Awareness

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

Posted June 10th, 2022 in adoption, appeals, care orders, child abuse, child neglect, children, families, human rights, local government, news, proportionality, sexual offences, Supreme Court by sally

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Off into the Somerset – Local Government Lawyer

Posted May 9th, 2022 in adoption, care orders, children, codes of practice, families, family courts, local government, news, placement orders by sally

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

Posted April 29th, 2022 in adoption, care orders, children, families, family courts, foreign jurisdictions, jurisdiction, local government, news, placement orders by sally

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

Posted April 27th, 2022 in care orders, children, codes of practice, disabled persons, families, family courts, learning difficulties, local government, news, placement orders, social services by sally

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

Posted April 7th, 2022 in adoption, care orders, children, families, family courts, learning difficulties, local government, news by sally

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

Posted April 7th, 2022 in care homes, care orders, chambers articles, children, detention, family courts, human rights, local government, news by sally

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

Posted March 21st, 2022 in adoption, appeals, care orders, children, families, local government, news, placement orders, statutory interpretation by sally

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk

Draft guidelines published to help improve practice when the state acts to safeguard a baby at birth – Family Law

Posted March 4th, 2022 in birth, care orders, children, families, local government, news by sally

‘Draft guidelines to help improve practice when the state acts to safeguard a baby at birth have been published by Nuffield Family Justice Observatory (Nuffield FJO) and are being tested for feasibility in sites across England and Wales.’

Family Law, 3rd March 2022

Source: www.familylaw.co.uk

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 sally

‘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).’

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.’

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.’

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 sally

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

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

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

Posted January 7th, 2022 in appeals, care orders, children, coronavirus, costs, disabled persons, families, family courts, fostering, local government, news, third parties, vaccination by sally

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

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 sally

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

BBC News, 30th November 2021

Source: www.bbc.co.uk

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

Posted November 23rd, 2021 in care orders, children, divorce, domestic violence, families, family courts, law firms, news, solicitors by sally

‘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.’

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

Posted November 12th, 2021 in adoption, appeals, care orders, children, families, fostering, local government, news, placement orders by sally

‘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.’

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

Posted November 2nd, 2021 in care orders, children, jurisdiction, local government, news, placement orders, prerogative powers by sally

‘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).’

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

Posted November 1st, 2021 in care orders, care workers, children, disabled persons, families, local government, mental health, news by sally

‘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.’

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”.’

Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

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

Posted August 27th, 2021 in care orders, children, families, foreign jurisdictions, human rights, jurisdiction, local government, news by sally

‘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.’

Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

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