Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

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Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

Bradford agencies still missing ‘clear signs’ of child sexual abuse – The Guardian

‘Vulnerable children remain at risk of being failed by child protection agencies in Bradford despite multiple reviews of sexual exploitation cases, an independent report has found.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

‘Like hell’: what former Lambeth children’s home residents told abuse inquiry – The Guardian

‘The report into sexual abuse in London council’s children’s homes heard from many who experienced it.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

Hundreds of children abused while in care of Lambeth council, inquiry finds – The Guardian

‘Hundreds of vulnerable children in the care of Lambeth council in south London were subjected to horrendous cruelty and sexual abuse over several decades on a scale that was “hard to comprehend”, an independent inquiry report has found.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

Man found guilty of murdering daughter, 17, missing since last July – The Guardian

‘A man has been found guilty of murdering his 17-year-old daughter, who went missing last July and whose body has never been found.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

Two teenage boys guilty of murder of Oliver Stephens, 13 – The Guardian

‘Two 14-year-old boys who “ambushed” a 13-year-old and stabbed him to death after a dispute on social media have been found guilty of his murder.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

More than 250 convicted of child sexual abuse in UK and Ireland while in Scout movement – The Guardian

‘More than 250 people in the UK and Ireland have been convicted of child sexual abuse offences committed while they were Scout leaders or in other positions of responsibility within the Scout movement since the 1950s, according to analysis that raises questions about the organisation’s safeguarding procedures.’

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The Guardian, 25th July 2021

Source: www.theguardian.com

Malakai Watts death: Mum Chelsea Cuthbertson jailed for manslaughter – BBC News

‘A mother who killed her one-month-old baby when she was “angry and stressed” over a row with her partner has been jailed.’

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BBC News, 22nd July 2021

Source: www.bbc.co.uk

Child protection investigations – no further action necessary? – Transparency Project

Posted July 23rd, 2021 in care orders, children, families, local government, news, social services by sally

‘Are hundreds of thousands of families being put through unnecessary investigations by unchecked social workers? That’s the suggestion made by a succession of recent news stories, some prompted by the first report of the Independent Review of Children’s Social Care. Services are ‘too focused on investigating families’, went the BBC; ‘innocent families have been traumatised by groundless investigations’, said The Times as part of a series on the issue, elsewhere reporting that ‘councils … launch abuse investigations based on a single unexplained mark’, and asserting ‘social workers too quick to wade in’, quoting the Review’s chair, Josh Macalister, as saying that social workers are ‘investigating first when [they] should be helping’.’

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Transparency Project, 23rd July 2021

Source: www.transparencyproject.org.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Judge praises council for “brave but proper decision” to end care proceedings – Local Government Lawyer

‘A Family Court judge has praised the London Borough of Bromley for its “brave but proper decision” to end care proceedings in case where a child was suspected to have suffered deliberate injury but was later found not to.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court dismisses solitary confinement appeal – UK Human Rights Blog

‘The Supreme Court has unanimously dismissed an appeal which considered whether treatment throughout a 55 day period in solitary confinement of a then 15-year-old appellant in Feltham Young Offenders’ Institution constituted a violation of Article 3 of the European Convention on Human Rights.’

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UK Human Rights Blog, 22nd July 2021

Source: ukhumanrightsblog.com

Tommy Robinson loses libel case brought by Syrian schoolboy – The Guardian

Posted July 23rd, 2021 in assault, children, damages, defamation, internet, Islam, news, victims, young persons by sally

‘The anti-Islam activist Tommy Robinson has lost a libel case brought against him by a Syrian schoolboy who was filmed being attacked at school.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

High Court judge finds for London borough in row with city council over calculation of age of asylum-seeker – Local Government Lawyer

Posted July 23rd, 2021 in asylum, children, immigration, local government, London, news by sally

‘The London Borough of Croydon has won a High Court case brought against it by Birmingham City Council over how an asylum seeker’s age was calculated.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

30 years of the Child Support Act – House of Commons Library

Posted July 21st, 2021 in children, divorce, families, financial provision, legal history, news, parliament by sally

‘The UK’s formal system for child support arrangements between separated families, without involving the courts, is provided by the Child Maintenance Service (CMS). This succeeded the Child Support Agency (CSA), first established in 1993 with the Child Support Act 1991.’

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House of Commons Library, 20th July 2021

Source: commonslibrary.parliament.uk

Applying the CMS Formula in High Income Cases – Family Law Week

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

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Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

Zimbabwean nationals with British children rounded up for deportation – The Independent

‘Zimbabwean nationals who have been in the UK for decades and have British children are being rounded up for removal on a charter flight to Harare next week, The Independent can reveal.’

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The Independent, 15th July 2021

Source: www.independent.co.uk