Review of law on kinship – Law Commission

Posted December 19th, 2023 in carers, families, Law Commission, news by tracey

‘If a child can’t live with their parents, they should ideally live with someone they already know and trust. This is called kinship care. The Law Commission will be carrying out a review into the legal framework for kinship carers. The project has been referred to us by the Department for Education who are seeking to ensure the legislative framework is fair, modern, and best meets the needs of some of the most vulnerable members of society.’

Full Story

Law Commission, 15th December 2023

Source: lawcom.gov.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

Full Story

3PB, 5th June 2023

Source: www.3pb.co.uk

New Acts – legislation.gov.uk

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Source: www.legislation.gov.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

Full Story

Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

Full Story

Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers – EIN Blog

Posted January 26th, 2022 in appeals, carers, children, EC law, government departments, immigration, news by sally

‘The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.’

Full Story

EIN Blog, 25th January 2022

Source: www.ein.org.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

Full Story

Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library

Posted October 15th, 2021 in carers, families, fostering, local government, news, parliament, remuneration by tracey

‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’

Full Story

House of Commons Library , 7th October 2021

Source: commonslibrary.parliament.uk

NHS nurse sacked over weekend working wins landmark ruling – The Guardian

‘A community nurse who was sacked for not agreeing to work weekends has won a “landmark” ruling for working mothers after a judge said employment tribunals must take childcare disparity into account.’

Full Story

The Guardian, 23rd June 2021

Source: www.theguardian.com

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

Full Story

Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

Full Story

Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

Full Story

Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Aunt loses battle to be joined to Court of Protection proceedings – Local Government Lawyer

Posted December 17th, 2020 in carers, Court of Protection, joinder, learning difficulties, news by tracey

‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’

Full Story

Local Government Lawyer, 17th December 2020

Source: www.localgovernmentlawyer.co.uk

Female advocates “will lose work” if court hours are extended – Legal Futures

Posted December 17th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by tracey

‘Advocates unable to cover extended operating hours in the courts will likely lose work and could be driven out of the profession as a result, a high-profile group of women barristers has told the government.’

Full Story

Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

Full Story

Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer

Posted October 23rd, 2020 in carers, disabled persons, local government, mental health, news, ombudsmen by sally

‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’

Full Story

Local Government Lawyer, 22nd October 2020

Source: www.localgovernmentlawyer.co.uk

Female advocates “to lose instructions” with longer court hours – Legal Futures

Posted September 29th, 2020 in barristers, carers, coronavirus, courts, flexible working, news, solicitors, women, working time by sally

‘Criminal advocates unable to accommodate courts’ extended operating hours (EOH) – who are disproportionately women – are likely to miss out instructions even though they can ask for hearings to be held during regular hours instead, research has warned.’

Full Story

Legal Futures, 29th September 2020

Source: www.legalfutures.co.uk

Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer

‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’

Full Story

Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

Full Story

Each Other, 27th July 2020

Source: eachother.org.uk

Circuit poll: Barristers set to quit if court hours are extended – Legal Futures

Posted July 28th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by sally

‘Some 55% barristers would consider leave the Bar if the courts adopt extended operating hours (EOH) and they could set back female barristers’ progress by 50 years, research has found.’

Full Story

Legal Futures, 27th July 2020

Source: www.legalfutures.co.uk