Rise in care children being ‘deprived of liberty’ – BBC News

‘The number of children in care in England and Wales who have restrictions placed on their freedom has tripled in the last two years, BBC News has found.’

Full Story

BBC News, 6th August 2020

Source: www.bbc.co.uk

Council wins appeal over order discharging interim care orders – Local Government Lawyer

Posted August 4th, 2020 in appeals, care orders, children, local government, news by sally

‘Herefordshire Council has won an appeal from an order discharging interim care orders in relation to girls aged nine and seven.’

Full Story

Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

Full Story

Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

Full Story

Family Law, 28th July 2020

Source: www.familylaw.co.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

Full Story

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protection of Children who are Seventeen – Family Law Week

Posted July 2nd, 2020 in care orders, children, jurisdiction, local government, news by tracey

‘Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.’

Full Story

Family Law Week, 1st July 2020

Source: www.familylawweek.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

Full Story

Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

Full Story

Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

Full Story

1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

Full Story

1 GC: Family Law, 4th June 2020

Source: 1gc.com

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

Full Story

KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk

Charity launches High Court challenge over dilution of children’s social care duties during COVID-19 – Local Government Lawyer

‘A children’s rights charity is to ask the High Court to quash a statutory instrument that introduced significant changes to children’s social care law during the coronavirus pandemic.’

Full Story

Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

Full Story

Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

A Local Authority v The Mother and others [2020] EWHC 1233 (Fam) by Ned Sproston – Broadway House Chambers

Posted June 4th, 2020 in adjournment, care orders, coronavirus, drug abuse, news by sally

‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’

Full Story

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

Full Story

UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

Full Story

Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’

Full Story

Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

Full Story

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

Full Story

Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

Separation REALLY is the last resort – Garden Court Chambers

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

Full Story

Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk