Lucy Letby: Courtroom drama, a failed appeal, and battles over the truth – BBC News

Posted July 4th, 2024 in appeals, children, hospitals, murder, news, nurses by sally

‘When former nurse Lucy Letby was convicted of murdering babies last year, news channels rolled on the story, and her mugshot was splashed across front pages and websites around the world.’

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BBC News, 4th July 2024

Source: www.bbc.co.uk

How has Lucy Letby tried to fight guilty verdicts and what could happen next? – The Guardian

‘Lucy Letby was convicted last year of murdering seven babies and attempting to kill six others at the Countess of Chester hospital in north-west England, where she worked as a nurse. She is serving 14 whole-life sentences, meaning she will never be released from prison.’

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The Guardian, 2nd July 2024

Source: www.theguardian.com

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon – Crown Prosecution Service

‘CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon.’

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Crown Prosecution Service, 26th June 2024

Source: www.cps.gov.uk

Cafe owner jailed for sexually abusing boy, 14 – BBC News

Posted July 1st, 2024 in child abuse, children, imprisonment, news, sentencing, sexual offences by tracey

‘A charity cafe owner who sexually assaulted a teenager has been sentenced to eight years in prison.’

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BBC News, 28th June 2024

Source: www.bbc.co.uk

Controversial Suspected Inflicted Head Injuries pilot launched: Lawyers raise concern about lack of consultation and potential unfairness – Transparency Project

‘When a child suffers a head injury which medical professionals suspect may be inflicted, safeguarding processes are triggered, often leading to care proceedings and the removal of the child from the care of their parents, usuall y for many months and sometimes forever.’

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Transparency Project, 27th June 2024

Source: transparencyproject.org.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Constance Marten and Mark Gordon found guilty of two charges – The Guardian

‘Constance Marten and her partner, Mark Gordon, have been found guilty of concealing the birth of a child and perverting the course of justice after the body of their baby daughter was found following a high-profile search, it can now be reported.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Four teenagers convicted over fatal stabbing of Kennie Carter in Manchester – The Guardian

‘Four teenagers have been found guilty of killing a 16-year-old boy who was stabbed in the chest in what prosecutors described as a “cowardly” revenge attack in Manchester.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Pornography, the Online Safety Act 2023 and the need for further reform – Journal of Media Law

Posted June 27th, 2024 in child abuse, children, internet, media, news, obscenity, pornography by sally

‘The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation focusing on the systems and processes of online platforms, in practice it is content-based. Our analysis reveals that the Act generates eight new classifications of pornography, each associated with a distinct legal framework, thereby creating a confusing and unnecessarily complex regulatory regime. Accordingly, we recommend further reforms to fortify and clarify the regulatory regime, as well as a more comprehensive review of pornography regulation in general, with the overall aim of reducing the harms of pornography.’

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Journal of Media Law, 5th June 2024

Source: www.tandfonline.com

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Curbs on expert cross-examination could lead to wrongful removals, family silks warn – Law Society’s Gazette

Posted June 25th, 2024 in child abuse, children, cross-examination, expert witnesses, news, pilot schemes by tracey

‘Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families. The Department for Education-funded pilot is up and running at NHS trusts in Manchester, Sheffield and Birmingham with little information available to either the public or family law specialists.’

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Law Society's Gazette, 24th June 2024

Source: www.lawgazette.co.uk

Boy who attacked sleeping children at private school Blundell’s with hammer guilty of attempted murder – The Independent

Posted June 24th, 2024 in attempted murder, children, news, school children, teachers, young offenders by tracey

‘A boy has been found guilty of attempted murder after attacking two sleeping students and a teacher with hammers in a devastating rampage in the middle of the night at a private school.’

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The Independent, 22nd June 2024

Source: www.independent.co.uk

Teenager detained for life for murdering boy, 15 – BBC News

‘A 15-year-old boy who murdered Leeds teenager Alfie Lewis in a knife attack outside a primary school has been detained for life with a minimum term of 13 years.’

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BBC News, 21st June 2024

Source: www.bbc.co.uk

Teacher given life ban after having sex with pupil – BBC News

‘A teacher who repeatedly had sex with a vulnerable 16-year-old pupil has been told by a judge he will never be allowed to teach again.’

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BBC News, 14th June 2024

Source: www.bbc.co.uk

Wolverhampton guilty verdicts raise issue of naming child killers – The Guardian

‘Some believe naming convicted children acts as deterrent, while others say it could glorify horrific acts.’

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The Guardian, 15th June 2024

Source: www.theguardian.com

Home Office’s failure to collect and monitor data on asylum accommodation for pregnant and new mothers held to be unlawful – Landmark Chambers

‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk