Care proceedings rise steeply in family courts during UK lockdown – The Guardian

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Coronacontact- what about the children in care? – Transparency Project

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

High Court judge highlights clash between diplomatic immunity and child protection – Local Government Lawyer

‘A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Amendment of LA Plan, post final orders – what can parents do? – Local Government Lawyer

Posted March 13th, 2020 in appeals, care orders, children, families, fostering, human rights, local government, news by tracey

‘Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted March 13th, 2020 in care homes, care orders, children, families, human rights, news, privacy by tracey

‘Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Court of Appeal rejects appeal by council over ruling reuniting mother and child in different residential unit – Local Government Lawyer

‘A local authority has failed in an appeal over a judge’s decision that a mother and child should be reunited in a different residential unit.’

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Local Government Lawyer, 28th February 2020

Source: www.localgovernmentlawyer.co.uk

Sibling Assessments in Care and Adoption – Family Law Week

Posted February 27th, 2020 in adoption, care orders, children, families, news by tracey

‘Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption.’

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Family Law Week, 26th February 2020

Source: www.familylawweek.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Another Re W – a successful appeal against refusal for leave to oppose an adoption – Transparency Project

‘In this unusual case, Re W (A child: leave to oppose adoption) [2020] EWCA (Civ) 16, the Court of Appeal has given birth parents leave to oppose an adoption order being made. The child is nearly three years old and has been living with his prospective adopters since he was aged 17 months, in November 2018, after care and placement orders had been made in March of that year. He has never lived with his parents and has not had any contact with them since October 2018.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

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Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Government ‘to ban’ placing children in unregulated homes – BBC News

‘The government is set to ban the placement of children in care under the age of 16 in unregulated homes in England, following a BBC investigation.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

Court of Appeal orders council to pay £12k costs contribution after great-aunt wins appeal over care and placement orders – Local Government Lawyer

Posted February 11th, 2020 in care orders, costs, local government, news, placement orders by sally

‘The Court of Appeal has ordered a local authority to make a contribution of £12,000 towards the costs of a great-aunt who won an appeal from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Sibling relationships in the care system: Alexandra Wilson examines the recent case of Re G [2019] EWFC B70 – 5 SAH

A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.

One of the stories is from a woman who explains that she was split from her sister and wasn’t allowed to see her despite her living just five minutes away. She recalls that between their respective foster families’ homes there was a park where she would see her younger sister playing with her foster sister. Breaking down into tears, she explains that she felt hurt, angry, annoyed, sad and “thought it was really, really cruel”.

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5 SAH, 20th January 2020

Source: www.5sah.co.uk

Sibling relationships in the care system – Transparency Project

Posted January 21st, 2020 in care orders, children, families, news by sally

‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’

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Transparency Project, 19th January 2020

Source: www.transparencyproject.org.uk

Children: Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

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Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk