Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 18th, 2021 in autism, children, local government, mental health, news, social services by sally

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

DPP reveals concerns over age of criminal responsibility – Law Society’s Gazette

‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’

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Law Society's Gazette, 16th February 2021

Source: www.lawgazette.co.uk

Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Abuse survivor calls for UK children born of rape to have ‘victim’ legal status – The Guardian

‘One of the survivors of the Rotherham grooming scandal has asked the government to give children born from rape legal “victim” status so they can receive specialist help and potentially prosecute their fathers.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Personal Injury Newsletter – Exchange Chambers

‘In the February 2021 edition of the personal injury newsletter:

Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.

Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.

Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.

Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’

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Exchange Chambers, February 2021

Source: lexlinks.exchangechambers.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

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UKSC Blog, 8th February 2021

Source: ukscblog.com

Practice Direction 12J & Scott Schedules – Rearranging a spider’s web – Family Law Week

‘Jeremy Ford, Partner at Cambridge Family Law Practice LLP, calls for clarity in the court’s attitude to Scott Schedules when considering what is relevant to its welfare determination.’

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Family Law Week, 3rd February 2021

Source: www.familylawweek.co.uk

Domestic abuse victims stalked as family courts share refuge addresses with ex-partners, commissioner warns – The Independent

‘The family courts are putting domestic abuse victims and children at grave risk by sharing the secret addresses of shelters with the abusive ex-partner they are fleeing, and some survivors are suffering stalking as a result, London’s independent victims’ commissioner has warned.’

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The Independent, 7th February 2021

Source: www.independent.co.uk

Angela Wrightson: Teenage torture killers keep anonymity – BBC News

‘Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity.’

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BBC News, 4th February 2021

Source: www.bbc.co.uk

Government publishes strategy to tackle child sexual abuse – Family Law

‘The Home Secretary has published a new strategy to protect children from child sexual abuse.’

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Family Law, 28th January 2021

Source: www.familylaw.co.uk

Notification of Fathers and Wider Family Members in Relinquishment Cases: A Recap – Family Law Week

‘Olivia Kirkbride, a pupil barrister at Coram Chambers, considers two recent, contrasting cases in which mothers sought to relinquish newly born children without notifying the fathers and family members.’

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Family Law Week, 27th January 2021

Source: www.familylawweek.co.uk

Couple jailed for trafficking teens to sell drugs – BBC

‘A drug dealer and his care worker girlfriend have been jailed for trafficking teenagers to sell drugs for a county lines operation.’

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BBC News, 28th January 2021

Source: www.bbc.co.uk

Taking Liberties: A simple guide to DOL – Transparency Project

Posted January 28th, 2021 in care homes, children, detention, families, human rights, local government, news by sally

‘This article is about Deprivation of Liberty involving children.’

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Transparency Project, 27th January 2021

Source: www.transparencyproject.org.uk

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

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Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Priti Patel publishes new strategy to protect children from sexual abuse – Home Office

‘The Home Secretary has today published a first-of-its-kind national strategy to protect children from all forms of child sexual abuse. The Tackling Child Sexual Abuse Strategy sets out how the Government will use new legislation and enhanced technology to stop offenders in their tracks.’

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Home Office, 22nd January 2021

Source: www.gov.uk