High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Signs of progress as courts support barrister’s childcare responsibilities – Legal Futures

Posted June 24th, 2021 in barristers, breastfeeding, children, courts, flexible working, news, women by sally

‘A barrister has spoken about her “really positive” recent experiences of courts accommodating “the practicalities and balancing acts being carried out by those with children”.’

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Legal Futures, 24th June 2021

Source: www.legalfutures.co.uk

NHS nurse sacked over weekend working wins landmark ruling – The Guardian

‘A community nurse who was sacked for not agreeing to work weekends has won a “landmark” ruling for working mothers after a judge said employment tribunals must take childcare disparity into account.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Terence McArthur admits 1976 killing of baby daughter – BBC News

‘A man has admitted killing his 14-day-old daughter more than 45 years ago.’

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BBC News, 22nd June 2021

Source: www.bbc.co.uk

Ombudsman criticises London borough over failures as corporate parent to former looked-after child who alleged abuse – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has said the London Borough of Lewisham exposed a former looked after child to “significant harm” after it failed to address her claims of abuse while in foster care properly.’

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Local Government Lawyer, 22nd June 2021

Source: www.localgovernmentlawyer.co.uk

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

One third of convicted sex offenders across England and Wales avoid prison – The Guardian

‘Ministers are facing demands to explain why thousands of convicted sexual offenders across England and Wales have avoided prison. An Observer investigation found that adults convicted of sexually assaulting children under 13, or of engaging in sexual activity with underage teenagers, are among those who have not been jailed.’

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The Guardian, 19th June 2021

Source: www.theguardian.com

Colin Pitchfork: Minister considers intervening over decision to release child killer – The Independent

Posted June 21st, 2021 in children, DNA, forensic science, lord chancellor, murder, news, parole by sally

‘The Justice Secretary is considering intervening over the decision to approve the release of child killer Colin Pitchfork.’

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The Independent, 21st June 2021

Source: www.independent.co.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Religious circumcision in the courts again: P – Law & Religion UK

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

Parental Alienation: Where Are We All Going Wrong? – Family Law Week

Posted June 18th, 2021 in appeals, children, families, mental health, news by sally

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for a fact-finding approach to cases involving alleged parental alienation.’

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Family Law Week, 14th June 2021

Source: www.familylawweek.co.uk

Ministers remove children from private youth jail after American contractor fails to fix ‘serious’ flaws – The Independent

Posted June 18th, 2021 in children, detention, Ministry of Justice, news, prisons, young offenders by sally

‘The UK government is removing all children from a troubled jail for youths run by an American company after some were locked in their rooms for more than 23 hours a day.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Sharing data with crime reduction partnerships – UK Police Law Blog

‘R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 (“DPA”) and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreements and policy documents where the police seek to share data with other organisations for the purpose of reducing crime and disorder.’

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UK Police Law Blog, 15th June 2021

Source: ukpolicelawblog.com

Ex-Royal Marines jailed after child accidentally given cocaine as gift – The Guardian

‘Two former Royal Marines have been jailed for smuggling cocaine into the UK in boxes of Lego, after one of them was accidentally given to a child for his birthday.’

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The Guardian, 15th June 2021

Source: www.theguardian.com

Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer

‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims and section 20 accommodation – Local Government Lawyer

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Terminating a father’s responsibility for the child – Local Government Lawyer

Posted June 11th, 2021 in children, families, family courts, news, parental responsibility by sally

‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week

Posted June 11th, 2021 in appeals, care orders, children, families, guardianship, local government, news by sally

‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’

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Family Law Week, 9th June 2021

Source: www.familylawweek.co.uk

More than one in 10 terror suspects arrested in Britain is a child, figures show – The Independent

‘More than one in 10 terror suspects arrested in Britain is a child, figures reveal amid mounting concerns over online radicalisation. Thirteen per cent of those arrested in the 12 months to March under terrorism laws were aged under 18, up five per cent.’

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The Independent, 10th June 2021

Source: www.independent.co.uk

Christopher Kapessa: Family wins legal bid to review decision not to prosecute teen over river death – The Independent

‘The family of 13-year-old Christopher Kapessa, who died after being pushed into the River Cynon in South Wales in July 2019, have won a High Court bid for a review of the decision not to prosecute the teenager accused of being responsible.’

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The Independent, 11th June 2021

Source: www.independent.co.uk