‘The government must urgently extend the “unjust” six-month time limit for domestic abuse victims to report domestic physical violence to the police, according to MPs who are to raise the issue in parliament.’
The Independent, 22nd May 2021
Source: www.independent.co.uk
‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’
UK Human Rights Blog, 21st May 2021
Source: ukhumanrightsblog.com
‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’
Nearly legal, 20th May 2021
Source: nearlylegal.co.uk
‘The Family Court has ruled that in co-parenting families one parent may adopt a child born to the other even if they are no longer partners.’
Local Government Lawyer, 21st May 2021
Source: www.localgovernmentlawyer.co.uk
‘Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a “clean break”.’
Family Law, 20th May 2021
Source: www.familylaw.co.uk
‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’
Family Law Week, 19th May 2021
Source: www.familylawweek.co.uk
‘The elder brother of the Manchester Arena bombers has asked for immunity from prosecution in return for answering questions at the public inquiry into the terror attack.’
The Guardian, 20th May 2021
Source: www.theguardian.com
‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’
Transparency Project, 18th May 2021
Source: www.transparencyproject.org.uk
‘Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 but was forcibly removed by her father to Trinidad in 1977. The Home Office’s failure to document her lawful immigration status meant that she was unable to return to the UK for 41 years, when she was finally granted leave to remain pursuant to the Windrush scheme in 2018. However, the Home Office demanded £22,909 in application fees from her husband and five children (including two minors) and refused to consider their entry visa applications under the Windrush scheme. But the family did not have the £22,909 to pay the Home Office. Sitting as a Deputy High Court Judge, Mr Tim Smith held that the SSHD committed “a colossal interference” in Mrs Mahabir’s right to family life because she either had to forego the remedies the executive had put in place with the express intention of remedying the injustice suffered by her and others like her, or else she had to break up the family. Notably, she broke up the family, hoping that it was only temporary, but in the process she suffered the “colossal interference” with her right to family life identified by Lord Wilson in R (Quila) v SSHD [2012] 1 AC 621. The court noted that by 2018 heartbreaking accounts of the Windrush scandal were reported in the media. The plight of Windrush victims was well known indeed, and these events marked a racist epoch in British history.’
EIN Blog, 17th May 2021
Source: www.ein.org.uk
‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’
Nearly Legal, 16th May 2021
Source: nearlylegal.co.uk
‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’
Local Government Lawyer, 14th May 2021
Source: www.localgovernmentlawyer.co.uk
‘A woman has been jailed after vandalising the grave of a young diabetic man with the words: “Ha Ha Ha Liam. Looks like diabetes won again.” ‘
The Independent, 13th May 2021
Source: www.independent.co.uk
‘The parents of a baby who died after medical errors are to push for a new inquest into his death, after they say a “cruel” inquest denied them justice.’
BBC News, 14th May 2021
Source: www.bbc.co.uk
‘The family of Philippa Day, a mentally ill single mother who died from a deliberate overdose after her benefits were wrongly cut off, is to seek compensation from the government.’
The Guardian, 10th May 2021
Source: www.theguardian.com
‘Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989.’
Local Government Lawyer, 7th May 2021
Source: www.localgovernmentlawyer.co.uk
‘When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These “private law orders” can form part of a consent order, as in Re B-B. Others, are made under Sections 8(1)(a)-(b) and 9 of the Children Act 1989 specifying powers, amongst other things, to decide with whom a child is to live and when a child is to have contact. In 2019-2020, around 22,000 such applications were made involving some allegation of domestic abuse by one adult against another (para 3) with instances of domestic abuse rising because of Covid-19 (ONS, 2020). Consequently, the question of how allegations of abuse within family proceedings remains an urgent matter of concern. However, despite increasing recognition of coercive control as being central to understanding domestic abuse, it remains less well understood in the context of proceedings related to the future care of children. As explained by the Harm Panel in its Report: the approach to such allegations is “implemented inconsistently” and is “not effective” in its principal purpose of protecting victims (Harm Panel (2020) 7.1).’
Family Law, 7th May 2021
Source: www.familylaw.co.uk
‘This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605.’
Transparency Project, 6th May 2021
Source: www.transparencyproject.org.uk
‘The Home Office unlawfully prevented the children and husband of a Windrush generation woman from joining her in the UK, separating the family for almost three years in a manner the high court ruled represented “a colossal interference” in her right to family life.’
The Guardian, 6th May 2021
Source: www.theguardian.com
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