“Real misery is being caused to no good purpose” – Nearly Legal

‘This was the judicial review of the ‘reduced’ benefit cap – £20,000 pa outside London, £23,000 in London, brought by claimants who were all single mothers with children, including children under two years old. The claim was on the basis that the regulations were discriminatory, either against women as the majority of single parents, or against the children, on the basis that single parents of children under two years old were not able to ‘escape’ the cap by obtaining 16 hours or more a week of employment.’

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Nearly Legal, 25th June 2017

Source: nearlylegal.co.uk

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent

‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’

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The Independent, 20th June 2017

Source: www.independent.co.uk

Charlie Gard: Strasbourg Court imposes another stay on Supreme Court ruling to consider parents’ arguments – UK Human Rights Blog

‘Following the Strasbourg Court’s request for interim measures for the UK – which means the hospital may not take Charlie Gard off life support as the Supreme Court has allowed it to do – the Supreme Court arranged a short hearing to take place Monday 19 June, to give directions. The Strasbourg Court has now put in place a further request that treatment and nursing care be continued beyond its original deadline of 19 June (see the press release from Strasbourg here: Gard and Others v. the UK) . This is because that Court has to consider the parents’ application that the case does not just concern Charlie’s right to die with dignity but their rights under Article 8 as his parents to be afforded respect for their decisions as to what is in Charlie’s interests.’

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UK Human Rights Blog, 20th June 2017

Source: ukhumanrightsblog.com

Life support must continue for baby at centre of legal battle – The Guardian

Posted June 20th, 2017 in children, courts, human rights, medical treatment, news by sally

‘Doctors have been told to continue providing life-support treatment to a terminally ill baby at the centre of a high-profile legal battle for another three weeks – to give judges at the European court of human rights time to analyse the case.’

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The Guardian, 19th June 2017

Source: www.theguardian.com

The Children and Social Work Act 2017 – Community Care Blog

Posted June 16th, 2017 in children, local government, news, social services by tracey

‘After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents.’

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Community Care Blog, 14th June 2017

Source: communitycare11kbw.com

F v L (Child Arrangements Order: Relocation) – WLR Daily

Posted June 15th, 2017 in appeals, children, custody, domestic violence, law reports by sally

F v L (Child Arrangements Order: Relocation)[2017] EWHC 1377 (Fam)

‘The mother, an Italian national, sought a child arrangements order (“CAO”) under section 8 of the Children Act 1989, as amended, in respect of the child, aged five, and permission to relocate with him to Italy, alleging serious domestic abuse by the father. The Italian father opposed the application for relocation and cross-applied for a shared care CAO. Despite the recommendation in the report prepared by the CAFCASS officer that the child’s main carer be his mother and that she should be given permission to relocate to Italy, the trial judge decided not to consider or make any finding in respect of the abuse allegations, refused the mother’s application to relocate and ordered the continuance of the shared care regime. The mother appealed on the grounds, inter alia, that the trial judge had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation and had failed to make findings on the abuse allegations.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment) – WLR Daily

Posted June 15th, 2017 in appeals, children, law reports, medical treatment by sally

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment)[2017] EWCA Civ 410

‘C, a child aged nine months, suffered from a rare inherited mitochondrial disease which led to dysfunction of several of his organ systems. His condition had progressed since his birth resulting in irreversible brain damage and an inability to move his arms or legs or to breathe unaided. His life expectancy was measured in months. His parents sought to obtain an alternative treatment, known as nucleoside therapy, that was available in the United States of America. The NHS trust which ran the hospital where C was treated applied pursuant to the inherent jurisdiction of the court for declarations that it was lawful and in C’s best interests for his artificial ventilation to be withdrawn, for his treating clinicians to provide him with palliative care only, and for him not to undergo nucleoside therapy. The judge granted the application and made the declarations sought, finding that the body of experienced medical opinion available to him, save for the doctor offering the nucleoside therapy, was unanimous to the effect that the prospect of nucleoside therapy having any benefit was effectively zero and would be futile. C’s parents sought permission to appeal on the grounds that (i) where parents put forward a viable treatment option for their child, that option could only be overriden by the court if it was established that the pursuit of that option was likely to cause the child to suffer “significant harm”, and the usual “best interests” test did not apply; and (ii) the judge had no jurisdiction to grant an order on the application of one clinical team preventing a second clinical team from carrying out a treatment that the latter had offered in the reasonable exercise of its professional judgment.’

WLR Daily, 24th May 2017

Source: www.iclr.co.uk

Sentencing: ‘Developmental harm’ should be considered in child cruelty cases – Law Society’s Gazette

‘Judges would assess the developmental harm caused to a child when sentencing those convicted of child cruelty under proposals published by the Sentencing Council today.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Charlie Gard given six day reprieve as European Court of Human Rights says doctors must keep sick baby alive – Daily Telegraph

‘A couple who want to take their terminally ill baby son to the USA for treatment have been given a six day reprieve as the European Court of Human Rights (ECHR) said that doctors must continue treating him.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk

Mum Danielle Morris who faked DNA paternity test jailed – BBC News

Posted June 13th, 2017 in children, DNA, fraud, news, paternity, sentencing by sally

‘A woman who faked a paternity test to fool an ex-partner into believing he was her baby’s father has been jailed.’

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BBC News, 12th June 2017

Source: www.bbc.co.uk

European court to decide whether to hear more evidence on ill baby – The Guardian

Posted June 13th, 2017 in appeals, children, courts, human rights, medical treatment, news by sally

‘The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.’

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The Guardian, 13th June 2017

Source: www.theguardian.com

Doctors must continue to treat terminally ill baby, court rules – The Guardian

‘Doctors in London must continue to treat a terminally ill baby at the centre of a life-support legal battle until midnight on Tuesday, judges at the European court of human rights have said.’

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The Guardian, 9th June 2017

Source: www.theguardian.com

FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Alternative treatment for seriously ill child not in his best interests – UK Human Rights Blog

‘On Thursday 8 June the Supreme Court will be asked to grant permission to appeal in this case of a seriously ill 9 month old child whose parents wish to take him to the USA for experimental treatment that may slow his deterioration.’

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UK Human Rights Blog, 7th June 2017

Source: ukhumanrightsblog.com

Regina (ZX) v Secretary of State for Justice – WLR Daily

Posted June 7th, 2017 in children, families, law reports, probation, release on licence by sally

Regina (ZX) v Secretary of State for Justice [2017] EWCA Civ 155

‘The claimant, a married British citizen of Bangladeshi origin with three children, was convicted on his guilty plea of two terrorism related offences and sentenced in the Crown Court to a term of three years’ imprisonment. Following his release on licence, conditions were imposed on his licence precluding him, inter alia, from having contact with his children save as directed by the National Probation Service (“the NPS”) and local children’s services. He sought to challenge the imposition of those conditions on the basis that the NPS had no lawful entitlement to give a direction separating him from his children, that there was no properly identified risk and that no separation could properly be directed without due compliance with the provisions of the Children Act 1989 and the Children Act 2004 and, if need be, without an order of the Family Court. Permission to proceed with the claim for judicial review was refused on the basis that the grounds raised were not arguable. The claimant appealed on the grounds, inter alia, that the judge had misdirected himself as to the scope and effect of the NPS’s duties under section 11 of the 2004 Act (to make arrangements for ensuring that its functions were discharged having regard to the need to safeguard and promote the welfare of children).’

WLR Daily, 17th March 2017

Source: www.iclr.co.uk

In re Y (A Child) (Wardship: Assistance on Transition to Adulthood) – WLR Daily

In re Y (A Child) (Wardship: Assistance on Transition to Adulthood) [2017] EWHC 968 (Fam)

Approving a package of support suggested by the local authority, the court identified the range and scope of support available for a radicalised child approaching the end of their wardship, compared with that available to a child who was instead leaving care, before observing that this may be one of many factors to be bourne in mind when considering which legal framework is most appropriate to protect a young person in danger of radicalisation (paras 12–64, 65–68).

WLR Daily, 27th April 2017

Source: www.iclr.co.uk

Harry House murder: Joseph Eke jailed for Broadmayne toddler death – BBC News

Posted June 7th, 2017 in children, grievous bodily harm, imprisonment, murder, news, sentencing by sally

‘A man who killed his partner’s toddler by punching and kicking him has been sentenced to life in prison.’

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BBC News, 5th June 2017

Source: www.bbc.co.uk

Support worker sold adopted child’s details to mother to fund holiday – The Guardian

‘A family support worker who sold details of an adopted child’s whereabouts to her birth mother to fund a luxury Caribbean holiday has been given a suspended jail term.’

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The Guardian, 6th June 2017

Source: www.theguardian.com

Definitive guidelines on sentencing children and young people and reduction in sentence for a guilty plea come into effect – Sentencing Council

Posted June 6th, 2017 in children, guilty pleas, news, press releases, sentencing, young offenders by tracey

‘The revised guidelines on sentencing children and young people and reduction in sentence for a guilty plea have come into effect today (1 June 2017).’

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Sentencing Council, 1st June 2017

Source: www.sentencingcouncil.org.uk