Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

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Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Religion, looked-after children and “best interests”: Salford CC – Law & Religion UK

‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’

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Law & Religion UK, 22nd January 2021

Source: lawandreligionuk.com

Surrogacy and HFEA Update: December 2020 (Part 1) – Family Law Week

Posted December 14th, 2020 in care orders, children, families, family courts, news, surrogacy by tracey

‘In the first part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses some important recent judgments within the England and wales jurisdiction.’

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Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

Vulnerable teen given tent to live in, watchdog report finds – BBC News

Posted December 10th, 2020 in care orders, children, fostering, news, ombudsmen, reports by tracey

‘A teenager given a tent to live in, and a child denied the chance to say “goodbye” to his dying mother feature in a report revealing heart-breaking decisions about children in care.’

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BBC News, 10th December 2020

Source: www.bbc.co.uk

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.’

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UK Human Rights Blog, 7th December 2020

Source: ukhumanrightsblog.com

‘Bad parent’: children’s watchdog to accuse state of care failings in England – The Guardian

Posted November 24th, 2020 in care orders, children, news, social services, speeches by sally

‘The children’s commissioner for England will deliver a damning indictment of children’s social care in a speech on Tuesday and accuse the state of too often being a “bad parent”.’

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The Guardian, 24th November 2020

Source: www.theguardian.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.’

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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

‘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.’

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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

‘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.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

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

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Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

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

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

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

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

‘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.’

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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.’

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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.’

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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”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

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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

‘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.’

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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.’

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BBC News, 9th September 2020

Source: www.bbc.co.uk