Ban on prison visits in England and Wales breaches children’s rights, say lawyers – The Guardian

Posted August 3rd, 2020 in children, coronavirus, families, human rights, Ministry of Justice, news, prisons by sally

‘The children of prisoners in England and Wales are having their human rights breached by the ban on jail visits and a lack of video contact, lawyers have claimed, as they begin the first step of legal action against the Ministry of Justice.’

Full Story

The Guardian, 31st July 2020

Source: www.theguardian.com

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

Full Story

Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

Full Story

Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

No recourse to public funds; no recourse to dignity – 1MCB

Posted July 30th, 2020 in benefits, children, human rights, immigration, news by sally

‘Geeta Koska recently published a blog on the future impact on the protection of children’s welfare of the High Court’s decision in R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Another [2020] EWHC 1299 (Admin). The blog was published in “Children and Young People Now”.’

Full Story

1MCB, July 2020

Source: 1mcb.com

‘It Wasn’t A Choice For Me’: The Gypsy, Roma And Traveller Campaigners Fighting Prejudice – Each Other

Posted July 30th, 2020 in children, minorities, news, racism, school exclusions, travellers by sally

‘“I was just sick of there being so many low expectations about Travellers,” said former teaching assistant Lisa Smith, on what set her on her path to campaign for the rights of the UK’s Gypsy, Roma and Traveller (GRT) children.’

Full Story

Each Other, 29th July 2020

Source: eachother.org.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

Full Story

Family Law, 28th July 2020

Source: www.familylaw.co.uk

Parental Alienation: the enigma of family law – Family Law Week

Posted July 29th, 2020 in children, families, family courts, news, parental rights by sally

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of “parental alienation”.’

Full Story

Family Law Week, 24th July 2020

Source: www.familylawweek.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

Full Story

Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Mother of boy with toy gun says Met police acted out of all proportion – The Guardian

Posted July 28th, 2020 in children, firearms, news, police by sally

‘A woman whose house was raided by armed officers after her 12-year-old son was seen with a toy gun has said she supports police action targeting firearm crime but believes they acted out of all proportion.’

Full Story

The Guardian, 27th July 2020

Source: www.theguardian.com

The Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project

‘The work undertaken by the “spotlight panel” appointed by the Ministry of Justice, reported in what is being referred to as the “harm report”, has already been commented on here and here. Its full title is “Assessing Risk of Harm to Children and Parents in Private Law Cases”. The purpose of this blog post is to try to see how the harm report fits in with the wider reforms discussed by the President’s Private Law Working Party (the PrLWG) in its two reports.’

Full Story

Transparency Project, 24th July 2020

Source: www.transparencyproject.org.uk

Youth Justice Board chair aims to tackle racial disparities in criminal justice system in England and Wales – The Guardian

Posted July 27th, 2020 in children, criminal justice, news, race discrimination, racism, statistics by sally

‘Keith Fraser says all agencies working with BAME children need to examine their practices, and that children should not be treated the same as adults in the justice system.’

Full Story

The Guardian, 27th July 2020

Source: www.theguardian.com

Christopher Kapessa river death: No prosecution decision upheld – BBC News

‘A 14-year-old boy who pushed a boy, 13, into a river before he died will not be prosecuted, a review has concluded.’

Full Story

BBC News, 20th July 2020

Source: www.bbc.co.uk

Data shows 900 women in UK affected by benefit cap ‘rape clause’ – The Guardian

‘Official figures show 900 women were forced to disclose that their child was conceived as a result of rape to claim social security help under the government’s two-child cap on benefits.’

Full Story

The Guardian, 17th July 2020

Source: www.theguardian.com

Judge criticises council for failure to implement recommendations of First-tier Tribunal – Local Government Lawyer

Posted July 16th, 2020 in autism, children, community care, local government, news by sally

‘The London Borough of Barnet gave “disingenuous” and “erroneous” reasons for departing from the recommendations of the First-Tier Tribunal (FTT) in a case concerning an autistic boy’s care, a judge has ruled.’

Full Story

Local Government Lawyer, 16th July 2020

Source: www.localgovernmentlawyer.co.uk

FGM protection order in child’s best interests – Court of Appeal – UK Human Rights Blog

Posted July 14th, 2020 in children, family courts, female genital mutilation, jurisdiction, news by sally

‘A (A Child) (Rev 1) [2020] EWCA 731 (15 June 2020). This was an appeal by the secretary of state against a decision of the President of the Family Division concerning the exercise of the family court’s jurisdiction to make a female genital mutilation protection order (FGMPO) under the Female Genital Mutilation Act 2003 Sch.2 Pt 1 para.1.’

Full Story

UK Human Rights Blog, 13th July 2020

Source: ukhumanrightsblog.com

Pressure mounts on Priti Patel over case of 11-year-old at risk of FGM – The Guardian

‘Barristers, former judges, politicians and campaigners are among 300 people who have signed an open letter to the home secretary, Priti Patel, urging her to grant asylum to an 11-year-old girl at high risk of female genital mutilation if taken abroad.’

Full Story

The Guardian, 10th July 2020

Source: www.theguardian.com

The family court and vulnerable people – Transparency Project

Posted July 13th, 2020 in children, disabled persons, equality, families, family courts, news by sally

‘Judges and magistrates of the family court deal with some of the most vulnerable people in our society. Quite often, people will find it difficult to participate because of their vulnerabilities. These vulnerabilities could cover a wide spectrum of barriers to participation: some litigants may have cognitive or mental health problems; some may have an intellectual disability; some may have a physical disability; and some may be particularly vulnerable as a result of the experiences they have suffered.’

Full Story

Transparency Project, 11th July 2020

Source: www.transparencyproject.org.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

Full Story

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protected parties, anonymity orders and clinical negligence; PQ (a child by her litigation friend) v Royal Free London NHS Foundation Trust [2020] EWHC 1662 (QB) – Parklane Plowden Chambers

‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’

Full Story

Parklane Plowden Chambers, 30th June 2020

Source: www.parklaneplowden.co.uk

Costs and the expert – No. 5 Chambers

Posted July 10th, 2020 in chambers articles, children, costs, expert witnesses, families, news by sally

‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’

Full Story

No. 5 Chambers, 1st July 2020

Source: www.no5.com