Category: children

Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son – Local Government Lawyer

Posted April 24th, 2020 in appeals, children, community protection notices, families, local government, news, statutory interpretation by sally

‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’

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Local Government Lawyer, 22nd April 2020

Source: www.localgovernmentlawyer.co.uk

P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice? – Transparency Project

Posted April 24th, 2020 in care orders, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’

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Transparency Project, 23rd April 2020

Source: www.transparencyproject.org.uk

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

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St Philips Chambers, 14th April 2020

Source: st-philips.com

McFarlane: Remote hearing on future of child a step too far – Legal Futures

Posted April 22nd, 2020 in child cruelty, children, coronavirus, delay, expert witnesses, families, family courts, live link evidence, local government, news, remote hearings by sally

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

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Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

Baby deaths scandal ‘could be one of largest in history of NHS’ – The Guardian

Posted April 22nd, 2020 in bereavement, birth, causing death of children or vulnerable adults, children, families, hospitals, inquiries, news, statistics by sally

‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

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BBC News, 21st April 2020

Source: www.bbc.co.uk

Clinical Negligence: Birth Injury Claim – Park Square Barristers

Posted April 20th, 2020 in birth, chambers articles, children, compensation, damages, hospitals, negligence, news, personal injuries, pregnancy by sally

‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’

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Park Square Barristers, 16th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: County lines drug dealers ‘stick out like a sore thumb’ during lockdown, say police – The Independent

Posted April 20th, 2020 in children, coronavirus, criminal justice, drug offences, drug trafficking, gangs, news by sally

‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’

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The Independent, 20th April 2020

Source: www.independent.co.uk

Deportation: when is it “unduly” harsh on a child? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, children, deportation, families, immigration, news by sally

‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’

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Doughty Street Chambers, 8th April 2020

Source: insights.doughtystreet.co.uk

MPs call for action over expected rise in child sexual abuse during pandemic – The Guardian

Posted April 17th, 2020 in budgets, charities, child abuse, children, coronavirus, internet, news, sexual offences, statistics by sally

‘Increased funding for children’s helplines is among the urgent measures being demanded by a group of cross-party MPs to tackle child sexual abuse during the coronavirus pandemic.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH

Posted April 16th, 2020 in chambers articles, children, coronavirus, families, family courts, news by sally

‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Interim Separation During Proceedings – Becket Chambers

Posted April 15th, 2020 in appeals, care orders, chambers articles, children, deceit, domestic violence, families, local government, news by sally

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Councils face legal action over access to education during lockdown – Local Government Lawyer

Posted April 15th, 2020 in children, computer programs, education, equality, local government, news, school children by sally

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

Posted April 15th, 2020 in alcohol abuse, care orders, children, coronavirus, domestic violence, families, news, statistics by sally

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Coronacontact- what about the children in care? – Transparency Project

Posted April 14th, 2020 in care orders, children, coronavirus, families, health, local government, news, statutory duty by sally

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

Posted April 9th, 2020 in appeals, children, health, local government, medical treatment, news, parental rights, vaccination by sally

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub

Posted April 9th, 2020 in appeals, children, employment, equality, families, human rights, maternity leave, news, parental rights, remuneration, Supreme Court by sally

‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’

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Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

The Non-Disclosure and Barring Service: Victim Access to Information – Panopticon

Posted April 9th, 2020 in child abuse, children, data protection, disclosure, employment, news, sexual offences, victims by sally

‘If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out?’

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Panopticon, 8th April 2020

Source: panopticonblog.com