Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

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BBC News, 7th April 2020

Source: www.bbc.co.uk

UK lawyers inundated by divorced parents arguing over lockdown custody – The Guardian

Posted April 8th, 2020 in children, coronavirus, custody, divorce, families, news by sally

‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’

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The Guardian, 7th April 2020

Source: www.theguardian.com

Ex-detective who preyed on women given suspended sentence to care for son – The Guardian

‘A former detective constable who admitted inappropriate contact with women he met in the course of his duties has been given a suspended sentence after a judge heard that no one else could care for his one-year-old child during the coronavirus lockdown.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Coronavirus: Single parents take government to court over welfare rules – BBC News

Posted April 3rd, 2020 in benefits, children, coronavirus, families, immigration, news by sally

‘A group of single parents who cannot claim welfare payments because of their migration status are suing the government.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Couple who opposed council vaccinating their child lose appeal – The Guardian

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

Covid-19: Pay for working parents forced to look after their children – Cloisters

Posted April 3rd, 2020 in chambers articles, children, coronavirus, employment, families, news, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. Employment lawyers are having to advise in a context where the landscape is changing day by day. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 27th March 2020

Source: www.cloisters.com

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

UK woman wins claim for NHS to pay US surrogacy costs – The Guardian

Posted April 2nd, 2020 in cancer, children, damages, hospitals, negligence, news, pregnancy, surrogacy by sally

‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Met to face judicial review over role of school police officers – The Guardian

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

High Court judge highlights clash between diplomatic immunity and child protection – Local Government Lawyer

‘A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

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Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Paedophile couple who met on Tinder jailed for 48 years after ‘sinking to depths of depravity’ – Daily Telegraph

‘A paedophile couple who met on Tinder have been jailed for 48 years after “sinking to the depths of depravity” to satisfy their own sexual urges.’

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Daily Telegraph, 24th March 2020

Source: www.telegraph.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

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Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk