Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by sally

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Parents who caused death of buried boy jailed – BBC News

‘A couple whose severely malnourished son’s body was found buried in the garden of their former home have been jailed.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Father and stepmother of 10-year-old Sara Sharif found guilty of her murder – The Guardian

Posted December 12th, 2024 in child abuse, children, families, murder, news by sally

‘Sara Sharif’s father and stepmother have been found guilty of her murder, as questions are now raised over missed opportunities to save the 10-year-old.’

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The Guardian, 11th December 2024

Source: www.theguardian.com

Allegations of alienating behaviour – important new guidance published – Transparency Project

Posted December 11th, 2024 in child abuse, children, divorce, families, family courts, news by sally

‘The Family Justice Council (FJC) has published guidance for Family Court judges and those working in the Family Justice System, on responding to allegations of alienating behaviour.’

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Transparency Project, 11th December 2024

Source: transparencyproject.org.uk

New guidance on ‘parental alienation’ in family court battles – BBC News

‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

How not to determine financial dependency – Pensions Barrister

Posted December 9th, 2024 in bereavement, complaints, divorce, families, local government, news, ombudsmen, pensions by sally

‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’

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Pensions Barrister, 5th December 2024

Source: www.pensionsbarrister.com

How to apply for entry clearance for Victims of Transnational Marriage Abandonment – EIN Blog

‘Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM -v- Secretary of State for the Home Department 2022.’

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EIN Blog, 8th December 2024

Source: www.ein.org.uk

Mother confronts her son’s killers in court – BBC News

‘The mother of a boy who was stabbed to death confronted his killers in court as they were jailed for his murder.’

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BBC News, 5th December 2024

Source: www.bbc.co.uk

The fictional kingdom of couple who buried son in garden – BBC News

‘Abiyah died in 2020 following a respiratory infection. This was not the full extent of his poor health. He was in a severely malnourished state and suffered with a list of other problems. Only when his body was exhumed by police in 2022 did the scale of his parents’ neglect emerge.’

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BBC News, 5th December 2024

Source: www.bbc.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by sally

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal

‘What happens if the Child Maintenance Service (CMS) has determined that a non-resident parent (NRP) is required to pay child maintenance to the parent-with-care (PWC), but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children (QC)? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?’

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Financial Remedies Journal, 29th November 2024

Source: financialremediesjournal.com

Shared parental leave ‘failing working families’ – BBC News

Posted December 2nd, 2024 in children, employment, equality, families, maternity leave, news, paternity leave by sally

‘A decade on from the introduction of a landmark scheme aimed at helping new parents share childcare, campaigners say shared parental leave is failing the working families it was designed to help.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Mother of child hidden in drawer from birth jailed – BBC News

Posted November 27th, 2024 in child cruelty, child neglect, children, families, imprisonment, news, sentencing by sally

‘A mother who kept her baby daughter hidden in a drawer for the first three years of her life has been jailed for seven years and six months for “extreme neglect”.’

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BBC News, 26th November 2024

Source: www.bbc.co.uk

The case for FDAC: a speech by Lord Justice Peter Jackson – Courts & Tribunals Judiciary

Posted November 25th, 2024 in alcohol abuse, alcoholism, children, drug abuse, families, judges, news, speeches by sally

‘The following speech was given by Lord Peter Jackson to the Family Drug and Alcohol Court Judges Conference at Inner Temple in London on 22 December 2024.’

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Courts & Tribunals Judiciary, 22nd November 2024

Source: www.judiciary.uk

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com