Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Lawyers to argue for mother and baby’s right to Healthy Start in UK – The Guardian

Posted March 2nd, 2021 in benefits, children, food, health, immigration, judicial review, minorities, news by sally

‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

British Gymnastics faces group-claim lawsuit from 17 alleging abuse – The Guardian

‘British Gymnastics is facing an unprecedented group-claim lawsuit from 17 former gymnasts, who allege there was widespread physical and psychological abuse deployed by coaches on children as young as six as part of a “win at all costs” mentality in the sport.’

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The Guardian, 26th February 2021

Source: www.theguardian.com

Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent

Posted February 26th, 2021 in appeals, children, citizenship, human rights, news, Supreme Court, terrorism, young offenders by tracey

‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’

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The Independent, 26th February 2021

Source: www.independent.co.uk

Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

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Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

Police officer struck boy in custody across the face – BBC News

Posted February 25th, 2021 in assault, children, news, police, sentencing by sally

‘A police officer has been found guilty of battery after he struck a child who was in custody in the face.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Welsh watchdog criticises lack of action since home-school scurvy death – The Guardian

Posted February 25th, 2021 in children, education, health, news, Wales by sally

‘The Welsh government is failing in its legal duty to protect the rights of home-educated children a decade after a boy who was being taught by his parents slipped under the radar of education and health officials and died of scurvy, an official report has concluded.’

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The Guardian, 25th February 2021

Source: www.theguardian.com

Government urged to ensure convicted sex offenders cannot work as tutors – BBC News

Posted February 25th, 2021 in child abuse, children, criminal records, education, news, sexual offences, vetting by sally

‘The government is being urged to close a legal loophole to stop convicted sex offenders working with children as private tutors.’

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BBC News, 25th February 2021

Source: www.bbc.co.uk

Victims of human trafficking: can they be criminals as well? – EIN Blog

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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EIN Blog 24th February 2021

Source: www.ein.org.uk

Birmingham anti-crime worker jailed for sex offences – BBC News

‘A man who worked in schools to steer young people away from crime has been jailed for sexual offences against children.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk

Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog

Posted February 23rd, 2021 in children, human rights, news, prosecutions, trafficking in human beings, victims by tracey

‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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UK Human Rights Blog, 22nd February 2021

Source: ukhumanrightsblog.com

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

UK’s £1,000 child citizenship fee ruled unlawful by appeal court – The Guardian

Posted February 19th, 2021 in appeals, children, citizenship, fees, government departments, news by tracey

‘Home Office fees of £1,000 for children to register as British citizens are unlawful, the court of appeal has upheld in a landmark ruling.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Cleveland Police ‘making progress but concerns remain’ – BBC News

Posted February 19th, 2021 in children, domestic violence, news, ombudsmen, police, quality assurance, sexual offences by tracey

‘A police force previously dubbed “clueless” is making progress but areas of concern remain, a watchdog has said.’

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BBC News, 19th February 2021

Source: www.bbc.co.uk