Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

Full story

NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

Can you stop a paedophile before they even start? – BBC News

‘Between 1-2% of men are thought to be paedophiles. Some become dangerous criminals preying on children, while others never act on their feelings. However views are divided on how and when to intervene in order to protect children.’

Full story

BBC News, 4th February 2015

Source: www.bbc.co.uk

In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by sally

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015

Source: www.iclr.co.uk

Children: Private Law Update (January 2015) – Family Law Week

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’

Full story

Family Law Week, 28th January 2015

Source: www.familylawweek.co.uk

Children held at Campsfield House immigration centre – BBC News

Posted February 3rd, 2015 in children, detention, immigration, news, reports by sally

‘Three children were detained at a UK immigration centre despite a government commitment to end the practice, the HM Inspectorate of Prisons has found.’

Full story

BBC News, 3rd February 2015

Source: www.bbc.co.uk

Court of Appeal slams judge for “unprincipled” approach to final care orders – Local Government Lawyer

Posted February 2nd, 2015 in appeals, care orders, case management, children, judges, local government, news by sally

‘The Court of Appeal has sharply criticised a county court judge for adopting a “ruthlessly truncated” and “fundamentally unprincipled” process when he made final care orders at what the parties expected to be a directions hearing.’

Full story

Local Government Lawyer, 2nd February 2015

Source: www.localgovernmentlawyer.co.uk

Appointment to the bench is not a licence for judges to be gratuitously rude to those appearing before them – UK Human Rights Blog

Posted February 2nd, 2015 in appeals, care orders, case management, children, judges, local government, news by sally

‘HHJ Dodds is well known to readers of this blog. His style of case management was also analysed (and found wanting) by the Court of Appeal the following day in Re S-W (children) [2015] EWCA Civ 27 (30 January 2015). The judgments leave one to ponder whether these cases are a product of the stresses that have emerged from the greater expectations now put on the shoulders of judges to case manage litigation or whether, as previously discussed in this blog by David Hart QC here, it is a problem that arises with clever judges who find that they are, by temperament, not inclined to listen patiently to other people (generally considered to be a core part of the job description).’

Full story

UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

First judicial review over 2014 Act duties to disabled children reaches court – Local Government Lawyer

‘A High Court judge will this week hear what is being billed as the first judicial review to consider local authorities’ duties to disabled children following reforms brought in under the new Children and Families Act.’

Full story

Local Government Lawyer, 29th January 2015

Source: www.localgovernmentlawyer.co.uk

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

Full story

UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

Alice Gross – joint statement from the CPS and the Metropolitan Police – Crown Prosecution Service

‘At the end of the investigation into the disappearance and death of Alice Gross, the Metropolitan Police Service (MPS) submitted a report to the Crown Prosecution Service (CPS). That report proposed that Arnis Zalkalns was responsible for her abduction and murder.’

Full press release

Corwn Prosecution Service, 27th January 2015

Source: www.cps.gov.uk

Jasmyn Chan death: Man jailed for Sheffield hit-and-run – BBC News

‘A man has been jailed for seven-and-a-half years for killing a teenage girl in a hit-and-run crash. Jasmyn Chan, 14, died when she was hit by a car on Normanton Hill, Sheffield, on 9 May while crossing the road.’

Full story

BBC News, 27th January 2015

Source: www.bbc.co.uk

David Beckham’s TV ad for whisky cleared by advertising watchdog – The Guardian

Posted January 28th, 2015 in advertising, alcoholism, charities, children, food, news, regulations, sport by sally

‘David Beckham’s TV ad for whisky brand Haig Club has been cleared by the UK advertising watchdog, despite complaints that the former footballer’s endorsement promotes drinking among children.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

Woman guilty of assault for throwing water – Daily Telegraph

Posted January 22nd, 2015 in assault, children, conditional discharge, costs, news, noise by sally

‘Michelle Dodd convicted after Stockport magistrates hear of her long-standing dispute with neighbour over ‘noisy’ children playing outside on trampoline.’

Full story

Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

Strip-searched girl’s family sues Merseyside police – The Guardian

Posted January 22nd, 2015 in children, human rights, news, police, privacy, stop and search by sally

‘A teenager who was forcibly strip-searched is suing Merseyside police for alleged mistreatment, as more and more children are subjected to the practice.’

Full story

The Guardian, 22nd January 2015

Source: www.guardian.co.uk

Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

Full story

Free Movement, 20th January 2015

Source: www.freemovement.org.uk

Doctor accused of child rape in US overturns extradition bid – Daily Telegraph

Posted January 21st, 2015 in bail, children, doctors, extradition, fugitive offenders, human rights, news, rape by sally

‘British court rules extradition of 48-year-old Tobias Bowen would breach human rights because he faces an “indefinite” sentence if convicted of sex crimes in New York.’

Full story

Daily Telegraph, 20th January 2015

Source: www.telegraph.co.uk

Judge orders father to take his children to church – Daily Telegraph

Posted January 20th, 2015 in appeals, children, custody, divorce, freedom of expression, judges, news by sally

‘Child care proceedings challenged after judge tells father he has a legal requirement to take his sons to Catholic mass.’

Full story

Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk

Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court – UK Human Rights Blog

Posted January 19th, 2015 in children, expert witnesses, family courts, female genital mutilation, news by sally

‘B and G (Children) (No.2) [2015] EWFC 3. Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.’

Full story

UK Human Rights Blog, 18th January 2015

Source: www.ukhumanrightsblog.com

Theresa May’s new FGM reporting rules ‘will stop families seeking help’ – The Guardian

‘Plans by the home secretary, Theresa May, to force health professionals to report cases of female genital mutilation (FGM) to the police are unlikely to lower the extent of abuse and risk dissuading families from seeking medical help, according to the Royal College of Paediatrics and Child Health.’

Full story

The Guardian, 17th January 2015

Source: www.guardian.co.uk

Legal aid cuts hit divided families as contact centres close down – The Guardian

Posted January 19th, 2015 in budgets, children, families, legal aid, news by sally

‘Child contact centres, where children meet their separated parents who cannot agree access rights, are disappearing as legal aid cuts take effect.The National Association for Child Contact Centres (NACCC) says 40 centres have closed in the last 18 months across England and Wales – and the pace of closures is accelerating. It says that, because it can no longer obtain legal aid, the number of parents accessing the family courts to resolve their problems has halved. As a result they are not receiving advice from solicitors who are likely to refer them to the centres.’

Full story

The Guardian, 17th January 2015

Source: www.guardian.co.uk