Family lawyers “must be forced to follow good practice” – Legal Futures

‘Family lawyers should be forced to follow good practice to protect children from “acrimonious legal representation” and report it to their regulator, a major report has concluded.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

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Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

What about me?: Reframing Support for Families following Parental Separation – Courts and Tribunals Judiciary

Posted November 12th, 2020 in children, divorce, family courts, parental responsibility, press releases by sally

‘A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published.

President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve good co-parenting between separated parents. It is an important and impressive document.”‘

Full press release

Courts and Tribunals Judiciary, 12th November 2020

Source: www.judiciary.uk

MPs call for review of age of criminal responsibility in England and Wales – The Guardian

Posted November 12th, 2020 in children, criminal responsibility, minorities, news, young persons, youth courts by sally

‘Conservative and Labour MPs have asked the government to consider raising the age of criminal responsibility from 10 in England and Wales and to explain why a disproportionate number of children in custody are from a minority ethnic (BAME) background.’

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The Guardian, 12th November 2020

Source: www.theguardian.com

Lucy Letby: Nurse due in court charged with murdering eight babies at Chester hospital – The Independent

Posted November 12th, 2020 in children, hospitals, murder, news, nurses by sally

‘A nurse is due to appear in court charged with the murder of eight babies and the attempted murder of another 10.’

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The Independent, 12th November 2020

Source: www.independent.co.uk

UK to ban all online junk food advertising to tackle obesity – The Guardian

Posted November 11th, 2020 in advertising, children, consultations, food, government departments, health, internet, news by sally

‘Downing Street has unveiled plans to implement a total ban on online junk food advertising – the toughest digital marketing restrictions in the world – in an attempt to tackle the growing obesity crisis.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Cornish grandmother of drowned baby admits cruelty – BBC News

‘The grandmother of a baby who drowned in a bath while she was out of the room has admitted child cruelty.’

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BBC News, 10th November 2020

Source: www.bbc.co.uk

Fact finding hearings: a case study F v. G [2020] EWHC 2396 – Becket Chambers

Posted November 10th, 2020 in children, coercive & controlling behaviour, news, practice directions by sally

‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’

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Becket Chambers, 5th November 2020

Source: becket-chambers.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

Man admits killing his children at London home during UK lockdown – The Guardian

‘A man has admitted slitting the throats of his two young children during lockdown. Nadarajah Nithiyakumar, 41, attacked his daughter Pavinya, aged 19 months, and three-year-old son Nigash at the family home in Ilford, east London, on 26 April.’

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The Guardian, 5th November 2020

Source: www.theguardian.com

Coroner calls for investigation into toilet freshener’s effect on child’s death – The Guardian

‘A coroner has called for further investigation into whether ingesting a toilet freshener led to the death of a two-year-old girl.’

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The Guardian, 5th November 2020

Source: www.theguardian.com

Lockdown 2: how does it affect child contact? – Family Law

Posted November 5th, 2020 in children, contact orders, coronavirus, news, regulations by sally

‘No sooner had clarity been obtained as to how child contact would work within and across the tier system, than the government announced its suspension in England. From 5 November 2020, a 4-week lockdown will begin. Thankfully though, the position on child contact is very much clearer this time around.’

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Family Law, 4th November 2020

Source: www.familylaw.co.uk

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by sally

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

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The Guardian, 2nd November 2020

Source: www.theguardian.com

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Bereaved mum in birth certificate law change bid – BBC News

Posted October 30th, 2020 in bereavement, birth certificates, children, families, news, parental rights by sally

‘A woman wants the law to change to make it easier to name unmarried fathers who have died on their child’s birth certificate.’

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BBC News, 29th October 2020

Source: www.bbc.co.uk

‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian

‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Fourth High Court judge this year hits out at lack of secure accommodation for vulnerable young person – Local Government Lawyer

Posted October 27th, 2020 in children, detention, mental health, news, young persons by sally

‘A fourth High Court judge this year has sent a copy of their judgment to the Secretary of State for Education in a case concerning the lack of secure accommodation for a vulnerable young person.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk