Local Authority Focus – Family Law Week

Posted December 12th, 2013 in care orders, children, fostering, local government, news, social services by sally

‘Sally Gore, barrister of 14 Gray’s Inn Square, in the first of a series of updates for children lawyers and professionals, considers recent developments affecting the decision-making and procedures of local authority children’s services.’

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Family Law Week, 11th December 2013

Source: www.familylawweek.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

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NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

Court is “ultimate arbiter of best interests” in child’s bone marrow transplant – Halsbury’s Law Exchange

Posted December 10th, 2013 in children, medical treatment, news, parental rights by tracey

‘In an emergency ruling in the Family Division of the High Court, Mr Justice Mostyn has ordered that a three-year-old boy undergo a bone marrow transplant against the wishes of the father.’

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Halsbury’s Law Exchange, 10th December 2013

Source: www.halsburyslawexchange.co.uk

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 10th, 2013 in children, law reports, local government, social services, travellers by tracey

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) [2013] EWHC 3845 (Admin); [2013] WLR (D) 478

‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’

WLR Daily, 6th December 2013

Source: www.iclr.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

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Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

Couples should not have children until they are ready to marry, says High Court judge – The Independent

Posted December 9th, 2013 in children, cohabitation, families, judges, marriage, news, statistics, taxation by sally

‘A senior High Court judge has argued that couples should not have children until they are ready to wed.’

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The Independent, 8th December 2013

Source: www.independent.co.uk

In the matter of KL (A Child) – Supreme Court

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

High Court judge orders life-saving bone marrow transplant to go ahead for three-year-old boy against father’s will – The Independent

Posted December 5th, 2013 in children, medical treatment, news, parental rights by sally

‘A three-year-old boy whose father tried to prevent him receiving life-saving hospital treatment will have a bone marrow transplant on Thursday following an emergency ruling by a High Court judge.

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The Independent, 4th December 2013

Source: www.independent.co.uk

Court to rule on wheelchairs or pushchairs to have priority on public transport – Daily Telegraph

Posted December 5th, 2013 in appeals, children, disabled persons, news, transport by sally

‘One of the most senior judges in Britain has ruled that the Appeal Court needs to intervene in a long running dispute over whether wheelchair users or pushchair users should have priority on buses’

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Daily Telegraph, 4th December 2013

Source: www.telegraph.co.uk

Children and Families Bill 2013 – all change, but is it for the better? – Halsbury’s Law Exchange

Posted December 3rd, 2013 in adoption, bills, care orders, children, families, fostering, news, time limits by sally

‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’

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Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

In re B (A Child) (Care Proceedings: Habitual Residence) – WLR Daily

Posted December 2nd, 2013 in care orders, children, EC law, jurisdiction, law reports, news by sally

In re B (A Child) (Care Proceedings: Habitual Residence) [2013] EWCA Civ 1434; [2013] WLR (D) 461

‘Where a child was habitually resident in Sweden at the time when the courts of England and Wales were seised of care proceedings relating to the child, the fact that there were no extant proceedings relating to the child in Sweden did not prevent the Swedish courts having jurisdiction under article 8 of Council Regulation (EC) No 2201/2003.’

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Welfare of child not a trump card against deportation – UK Human Rights Blog

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

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UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

South Yorkshire Police investigated over Ian Watkins – BBC News

Posted December 2nd, 2013 in child abuse, children, complaints, news, police, sexual offences by sally

‘A watchdog is investigating South Yorkshire Police’s handling of complaints about a rock star who has admitted child sex offences.’

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BBC News, 30th November 2013

Source: www.bbc.co.uk

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Council agrees to review practices on assessment of disabled children – Local Government Lawyer

Posted November 28th, 2013 in children, complaints, disabled persons, local government, news, ombudsmen, social services by tracey

‘A local authority has agreed to pay out £5,000 and review its practices so that its assessment of disabled children fulfils its statutory duties, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Lostprophets’ Ian Watkins case: Ex-Ceop head warns others may slip through net – BBC News

‘Child sex abuse cases like Lostprophets singer Ian Watkins will slip through the net due to a lack of resources, a child protection expert has warned. Jim Gamble, ex-head of the Child Exploitation and Online Protection centre (Ceop), wants more money invested in regional child protection teams to catch online abusers.’

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BBC News, 27th November 2013

Source: www.bbc.co.uk

Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by tracey

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

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NearlyLegal, 26th November 2013

Source: www.nearlylegal.co.uk/blog/