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.’

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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.’

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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.’

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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?’

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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.’

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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.’

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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.’

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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.’

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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).’

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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.’

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Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

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Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

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Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

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Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

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Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Government relaxation of regulations relating to children’s social care draws criticism – Local Government Lawyer

‘The government has amended several sets of regulations with a view to assisting the children’s social care sector during the coronavirus pandemic but the move has been strongly criticised by a children’s rights charity.’

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Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

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Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

ADCS President warns of potential spike in demand and backlog of care applications following COVID-19 outbreak – Local Government Lawyer

‘It is possible that there will be “huge spikes in demand across the children’s social care spectrum”, a backlog of new care applications and more children needing to come into care as a result of the coronavirus outbreak, the President of the Association of Directors of Children’s Services for 2020/21 has warned.’

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Local Government Lawyer, 23rd April 2020

Source: www.localgovernmentlawyer.co.uk