Category: children

Representation of children in public law proceedings – Ministry of Justice

Posted May 18th, 2018 in children, guardianship, legal representation, news by tracey

‘Children subject to public law cases are usually represented by both a publicly-funded legal representative and a Cafcass guardian, known as the ‘tandem model’ of representation. This research explored how this model is working in practice during public law proceedings, and whether any reforms to the model are feasible or appropriate to ensure the rights of the child are safeguarded, efficient judicial case management is supported and public resources are effectively allocated.’

Full text

Ministry of Justice, 17th May 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Travelling home with your baby after surrogacy abroad – the options – Family Law

Posted May 18th, 2018 in children, citizenship, immigration, news, passports, surrogacy by tracey

‘Your most pressing concern if you have a baby born through international surrogacy may be how quickly you can get home after he or she is born. This is often the first question we get asked when advising parents planning overseas surrogacy. UK immigration law in surrogacy cases is complex because there is no clear single process which applies to everyone, everywhere. There are number of different possible paths and which is the best one for you will depend on your personal circumstances and the country in which your baby is born.’

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Family Law, 18th May 2018

Source: www.familylaw.co.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

Posted May 17th, 2018 in children, consent, deprivation of liberty safeguards, freedom of movement, human rights, jurisdiction, news by tracey

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

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Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Family Division judge refuses council permission to withdraw care proceedings – Local Government Lawyer

Posted May 11th, 2018 in care orders, children, local government, news, terrorism by sally

‘A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, duty of candour, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

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Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

Posted May 9th, 2018 in budgets, case management, children, domestic violence, family courts, legal aid, litigants in person, news by tracey

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

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Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Call for ‘rights for grandparents’ law – BBC News

Posted May 8th, 2018 in children, families, grandparents, legislation, news by sally

‘MPs are calling for the government to enshrine in law the right for grandparents to see their grandchildren after a divorce.’

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BBC News, 7th May 2018

Source: www.bbc.co.uk

Approach when a local authority seeks permission to withdraw application for care order – Family Law

Posted April 30th, 2018 in care orders, children, local government, news, terrorism by tracey

‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’

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Family Law, 26th April 2018

Source: www.familylaw.co.uk

Guidance on the Capacity to Litigate in Proceedings Involving Children – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in children, courts, family courts, mental health, trials by tracey

‘This guidance has been produced to assist judges in the Family Court to resolve mental capacity issues concerning parties to family law proceedings. Designed to be practical and accessible, it will point the judge to key rules and statutory provisions. Lawyers instructed in family proceedings may also find this guidance valuable.’

Full guidance

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

IPSO finds against Telegraph over publication of child’s image – Daily Telegraph

Posted April 26th, 2018 in children, codes of practice, media, news, photography, privacy, public interest by sally

‘Eloise Dixon complained to the Independent Press Standards Organisation that the Daily Telegraph breached Clause 6 (Children) of the Editors’ Code of Practice in an article headlined “British tourist shot in favela in Rio ‘too scared’ to speak to police”, published on 9 August 2017.’

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Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

WhatsApp to raise minimum age limit to 16 in EU – BBC News

Posted April 25th, 2018 in children, internet, news, young persons by sally

‘Popular messaging service WhatsApp is banning under-16s from using its platform in the European Union.’

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BBC News, 25th April 2018

Source: www.bbc.co.uk

Alfie Evans can return home, judge rules – but he can’t go to Italy for treatment – Daily Telegraph

Posted April 25th, 2018 in children, citizenship, consent, medical treatment, news by sally

‘Terminally ill Alfie Evans may be allowed home, a judge has ruled but he will not be allowed to go to Rome for further treatment.’

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Daily Telegraph, 24th April 2018

Source: www.telegraph.co.uk

Parents facing ‘unfair child abuse claims’ over bruising – BBC News

Posted April 24th, 2018 in child abuse, children, health, news, parental rights, social services by sally

‘Parents are being investigated for possible child abuse because of the misinterpretation of guidelines on bruising in babies, it’s claimed.’

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BBC News, 24th April 2018

Source: www.bbc.co.uk

Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

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Family Law Week, 20th April 2018

Source: www.familylawweek.co.uk

Parents of Alfie Evans apply to take son’s case back to supreme court – The Guardian

Posted April 18th, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of a 23-month-old boy at the centre of a life-support treatment battle have applied to the supreme court to appeal against a ruling that treatment should be removed from the child.’

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The Guardian, 17th April 2018

Source: www.theguardian.com

Undocumented Commonwealth citizens resident in the UK – UK Visas and Immigration

Posted April 17th, 2018 in children, citizenship, deportation, documents, immigration, visas by tracey

‘This information is for Commonwealth citizens (known as “Windrush” cases) who are long-term residents of the UK and do not have documents to demonstrate their status. It explains their position and what they need to do next.’

Full guidance

UK Visas and Immigration, 17th April 2018

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

Alfie Evans case: Court rules against parents again – BBC News

Posted April 17th, 2018 in appeals, children, detention, medical treatment, news, parental rights by tracey

‘The parents of terminally ill toddler Alfie Evans have lost their latest legal battle. Tom Evans and Kate James asked Court of Appeal judges to rule that the 23-month-old should be allowed to receive treatment in Italy.’

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BBC News, 16th April 2018

Source: www.bbc.co.uk

Nursery owner Claire Symons employed criminal partner – BBC News

Posted April 13th, 2018 in children, criminal records, news, vetting, wilful neglect by tracey

‘A nursery owner employed her partner who had a criminal record for battery and theft, as well as a previous caution for wilful neglect. Claire Symons was given notice her registration is to be cancelled earlier this month after an Ofsted safeguarding investigation.’

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BBC News, 13th April 2018

Source: www.bbc.co.uk

Alfie Evans: Toddler’s parents launch new legal challenge – BBC News

Posted April 13th, 2018 in appeals, children, consent, medical treatment, news by tracey

‘The parents of a terminally ill toddler who has been at the centre of a life-support treatment battle are set to mount another legal challenge. Tom Evans and Kate James are preparing to ask Court of Appeal judges to allow 23-month-old Alfie Evans to continue to receive treatment.’

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BBC News, 13th April

Source: www.bbc.co.uk

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

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Family Law, 12th April 2018

Source: www.familylaw.co.uk