The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Anti-slavery tsar calls for councils to take on child trafficking cases – The Guardian

‘The UK’s independent anti-slavery commissioner has called for decision-making on child trafficking cases to be taken away from the Home Office.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com

Domestic abuse: Ministers urged to strengthen revived law to protect children – BBC News

Posted March 3rd, 2020 in bills, children, domestic violence, news by sally

‘Proposed domestic abuse laws must be strengthened to give more protection to children, campaigners say.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Court of Appeal rejects appeal by council over ruling reuniting mother and child in different residential unit – Local Government Lawyer

‘A local authority has failed in an appeal over a judge’s decision that a mother and child should be reunited in a different residential unit.’

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Local Government Lawyer, 28th February 2020

Source: www.localgovernmentlawyer.co.uk

Private Family Law: Children Summary of Recent Case Law – October to December 2019 – Becket Chambers

Posted March 2nd, 2020 in chambers articles, children, families, news by sally

‘This was a public law case which may have relevance in private law proceedings.’

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Becket Chambers, 21st February 2020

Source: becket-chambers.co.uk

77-year-old man jailed for 22 years for online child sexual offences – Crown Prosecution Service

‘A 77-year-old man who watched and paid for the online sexual abuse of young children in the Philippines has been sentenced to 22 years’ imprisonment.’

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Crown Prosecution Service, 27th February 2020

Source: www.cps.gov.uk

Sibling Assessments in Care and Adoption – Family Law Week

Posted February 27th, 2020 in adoption, care orders, children, families, news by sally

‘Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption.’

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Family Law Week, 26th February 2020

Source: www.familylawweek.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

British citizen children and entry clearance – Richmond Chambers

Posted February 26th, 2020 in chambers articles, children, citizenship, deportation, immigration, news by sally

‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’

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Richmond Chambers, 21st February 2020

Source: immigrationbarrister.co.uk

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Another Re W – a successful appeal against refusal for leave to oppose an adoption – Transparency Project

‘In this unusual case, Re W (A child: leave to oppose adoption) [2020] EWCA (Civ) 16, the Court of Appeal has given birth parents leave to oppose an adoption order being made. The child is nearly three years old and has been living with his prospective adopters since he was aged 17 months, in November 2018, after care and placement orders had been made in March of that year. He has never lived with his parents and has not had any contact with them since October 2018.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk

Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Seven men convicted of grooming teenage girls in Huddersfield – The Guardian

Posted February 19th, 2020 in child abuse, children, news, rape, sexual grooming, sexual offences, victims by sally

‘Seven men convicted of sexually exploiting young girls in Huddersfield “robbed their victims of their childhood and abused them in truly appalling ways”, police have said.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

Council to review decision on admission of summer-born child after criticism from LGO – Local Government Lawyer

Posted February 19th, 2020 in children, delay, education, families, local government, news, ombudsmen, school children by sally

‘Warwickshire County Council has said it will review its decisions in two cases in which it denied parents’ requests for deferred summer-born children to start school in reception class rather than year one after receiving criticism from the Local Government Ombudsman (LGO).’

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Local Government Lawyer, 18th February 2020

Source: www.localgovernmentlawyer.co.uk