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

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk

AS v CPW: The Court retrospectively grants a time limited relocation of a child wrongly removed to, and retained in Sierra Leone – Family Law

Posted May 27th, 2020 in child abduction, children, news, retrospectivity, time limits by sally

‘In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

Jaden Moodie: ‘Chances missed’ to protect boy groomed by dealers – BBC News

‘A boy who was “butchered” in a drugs turf war after being groomed by drug dealers had been arrested in a crack den months earlier but police did not contact child exploitation staff, a report has found.’

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BBC News, 26th May 2020

Source: www.bbc.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Children getting older as ‘unnatural increase’ for overcrowding – Nearly Legal

Posted May 22nd, 2020 in children, families, housing, judicial review, local government, news by sally

‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’

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Nearly Legal, 21st May 2020

Source: nearlylegal.co.uk

Financial Provision for Adult Children in England and Wales and in Italy – Pump Court Chambers

‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’

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Pump Court Chambers, 11th May 2020

Source: www.pumpcourtchambers.com

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

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The Guardian, 19th May 2020

Source: www.theguardian.com

Watchdog reveals 8.8m attempts to access online child abuse in April – The Guardian

‘Nearly 9m attempts to access child sexual abuse material online were made in the UK last month during the coronavirus lockdown, according to an internet watchdog.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

A Welcome Restriction on the Jurisdiction to Issue Community Protection Notices? by Emma Downing – Broadway House Chambers

‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Public Funds Part 2: Claiming Child Benefit – Richmond Chambers

Posted May 19th, 2020 in benefits, children, coronavirus, immigration, news by sally

‘In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition – child benefit.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Youth courts: are we still failing our most vulnerable? – Counsel

Posted May 19th, 2020 in children, courts, criminal justice, news, young persons, youth courts by sally

‘Have the 2013 reforms improved the youth justice experience at all or were they simply good intentions, poorly executed? A walkthrough of the key issues – and ideas for change – by Tori Adams and Kirsty Day.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

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

Inconsistent sentencing of Defendants in cases where sexual activity against children does not actually take place – Park Square Barristers

‘This comment focuses upon two recent Court of Appeal judgments:

R v Privett [2020] EWCA Crim 557 (“Privett”); and R v Manning [2020] EWCA Crim 592 (“Manning”).’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.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

London borough defends legal challenge to level of support provided to family with child in need and older sibling – Local Government Lawyer

Posted May 15th, 2020 in benefits, children, families, food, local government, news by sally

‘The London Borough of Bexley was entitled to decide not to pay to feed the older brother of a child in need who lived in the same home.’

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Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

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Transparency Project, 10th May 2020

Source: www.transparencyproject.org.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

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

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Each Other, 8th May 2020

Source: eachother.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