families – Page 57 – Current Awareness

Changes to Capital Gains Tax Reliefs When Spouses and Civil Partners Separate – Pump Court Chambers

Posted May 6th, 2020 in capital gains tax, chambers articles, civil partnerships, divorce, families, married persons, news, taxation by sally

‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’

Pump Court Chamber, 27th April 2020

Source: www.pumpcourtchambers.com

What is a ‘relationship akin to marriage’? – Richmond Chambers

Posted May 6th, 2020 in chambers articles, civil partnerships, cohabitation, families, immigration, interpretation, marriage, married persons, news by sally

‘Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.’

Richmond Chambers, 1st May 2020

Source: immigrationbarrister.co.uk

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

Posted May 6th, 2020 in bereavement, care homes, coronavirus, Court of Protection, families, hospitals, human rights, news by sally

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

The Guardian, 5th May 2020

Source: www.theguardian.com

Protecting domestic violence victims in lockdown – The Guardian

Posted May 6th, 2020 in charities, coronavirus, domestic violence, families, news, podcasts, prosecutions, statistics by sally

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

The Guardian, 6th May 2020

Source: www.theguardian.com

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

Posted May 4th, 2020 in appeals, care orders, children, coronavirus, courts, families, fostering, live link evidence, local government, news, remote hearings by sally

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, local government, news, social services by sally

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

Make bedside oral wills legal during pandemic, UK campaigners urge – The Guardian

Posted May 4th, 2020 in bereavement, coronavirus, emergency powers, families, Ministry of Justice, news, wills by sally

‘Oral wills should be made legal during the coronavirus pandemic in the same way that they are permitted in times of war, say campaigners.’

The Guardian, 2nd May 2020

Source: www.theguardian.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

Posted May 4th, 2020 in care orders, children, families, family courts, government departments, judges, local government, news by sally

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

‘Lady in the Lake’ murder: Gordon Park’s conviction upheld – BBC News

Posted May 1st, 2020 in appeals, Criminal Cases Review Commission, Crown Prosecution Service, disclosure, evidence, expert witnesses, families, murder, news, suicide by sally

‘Three senior judges have rejected a posthumous appeal against the conviction of Gordon Park, the so-called “Lady in the Lake” killer.’

BBC News, 1st May 2020

Source: www.bbc.co.uk

Yousef Makki death: inquiry into Greater Manchester police dropped – The Guardian

Posted May 1st, 2020 in bereavement, families, inquests, inquiries, murder, news, ombudsmen, police, professional conduct, victims, young offenders, young persons by sally

‘A watchdog has dropped its misconduct investigation into Greater Manchester police’s handling of a case involving the death of a schoolboy in Cheshire.’

The Guardian, 30th April 2020

Source: www.theguardian.com

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

Posted May 1st, 2020 in adjournment, adoption, appeals, care orders, children, coronavirus, courts, families, family courts, live link evidence, local government, news, remote hearings by sally

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Government relaxation of regulations relating to children’s social care draws criticism – Local Government Lawyer

Posted April 29th, 2020 in adoption, care homes, care orders, charities, children, coronavirus, families, fostering, local government, news by sally

‘The government has amended several sets of regulations with a view to assisting the children’s social care sector during the coronavirus pandemic but the move has been strongly criticised by a children’s rights charity.’

Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

Charges and cautions for domestic violence rise by 24% in London – The Guardian

Posted April 27th, 2020 in charities, coronavirus, domestic violence, families, news, police, statistics by sally

‘Police have warned of a looming rise in reported domestic abuse cases with some victims currently suffering in silence fearing if their abuser is arrested and becomes unemployed, they and their children will be plunged into poverty.’

The Guardian, 24th April 2020

Source: www.theguardian.com

IFLA Children Scheme: Binding Decisions With Minimal Delay – Pump Court Chambers

Posted April 24th, 2020 in arbitration, chambers articles, children, dispute resolution, families, news by sally

‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’

Pump Court Chambers, 21st April 2020

Source: www.pumpcourtchambers.com

A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

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

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

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.’

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).’

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.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

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