Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

Amendment of LA Plan, post final orders – what can parents do? – Local Government Lawyer

Posted March 13th, 2020 in appeals, care orders, children, families, fostering, human rights, local government, news by tracey

‘Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.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

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

Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

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Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Government ‘to ban’ placing children in unregulated homes – BBC News

‘The government is set to ban the placement of children in care under the age of 16 in unregulated homes in England, following a BBC investigation.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

Sibling relationships in the care system: Alexandra Wilson examines the recent case of Re G [2019] EWFC B70 – 5 SAH

A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.

One of the stories is from a woman who explains that she was split from her sister and wasn’t allowed to see her despite her living just five minutes away. She recalls that between their respective foster families’ homes there was a park where she would see her younger sister playing with her foster sister. Breaking down into tears, she explains that she felt hurt, angry, annoyed, sad and “thought it was really, really cruel”.

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5 SAH, 20th January 2020

Source: www.5sah.co.uk

Ombudsman reminds councils of their foster carer school transport duties – Local Government Lawyer

‘Councils across England are being reminded about the financial support they must provide to foster carers’ school transport expenses following an investigation by the Local Government and Social Care Ombudsman into Wolverhampton council.’

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Local Government Lawyer, 17th January 2020

Source: www.localgovernmentlawyer.co.uk

Council refused permission to challenge Ombudsman findings on payment of special guardians – Local Government Lawyer

Posted December 19th, 2019 in budgets, children, families, fostering, guardianship, local government, news, ombudsmen by sally

‘A High Court judge has refused to grant Rochdale Council permission to challenge the findings of a Local Government and Social Care Ombudsman on the way it pays special guardians.’

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Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

Children in care in Nottingham ‘abused by predators’ – BBC News

‘Hundreds of children were sexually abused by predatory foster carers and residential home staff who were allowed to thrive, an inquiry has found. Nottingham City and Nottinghamshire County councils exposed vulnerable children to repeated rapes and physical abuse, a report said. The Independent Inquiry into Child Sexual Abuse said sexualised behaviour by staff was “tolerated or overlooked”.’

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BBC News, 31st July 2019

Source: www.bbc.co.uk

County council admits flawed practice of turning homeless children away, settles judicial review challenge – Local Government Lawyers

‘Essex County Council has settled a judicial review challenge brought on behalf of a 16-year-old homeless child, admitting that it had operated an unlawful practice of turning homeless children away from care in breach of section 20 of the Children Act 1989.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

Department withdraws ‘myth-busting’ guide to council duties to vulnerable children – Local Government Lawyer

Posted March 28th, 2019 in care homes, charities, children, fostering, judicial review, local government, news by sally

‘The Department for Education has withdrawn a ‘myth-busting’ guide to council duties to vulnerable children and young people after a charity applied for judicial review, it has been reported.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Government backs down over ‘myth-busting’ guide on child protection – The Guardian

‘The government has withdrawn a controversial document that claims some statutory protections for vulnerable children are “myths”, after a charity launched an application for judicial review, the Guardian has learned.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Court of Appeal decision about orders for post-adoption contact – Transparency Project

Posted March 11th, 2019 in adoption, appeals, children, contact orders, families, fostering, news by sally

‘Re B (A Child) (Post-adoption contact) [2019] EWCA Civ 29 is the first time (since a change in the law in 2014) that the Court of Appeal has considered when an order should be made that an adopted child will have continuing contact with their birth family after he or she is adopted.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

Foster carers sue council for negligence over placement of Parsons Green bomber – Local Government Lawyer

‘A couple who fostered an 18 year old man who left a bomb on a Tube train at Parsons Green are to sue Surrey County Council for negligence and breach of their right to family life under the Human Rights Act.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

John Bowers QC on Employment Law: November Blog – Littleton Chambers

‘This month I look at a recent case on foster carers and working time, the ethos of religion defence in the Equality Act 2010 and the Supreme Court case of O’Connor v Bar Standards Board.’

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Littleton Chambers, 29th November 2018

Source: www.littletonchambers.com

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Social services under fire after boy placed into foster care before grandparents knew he was born – The Indepdendent

Posted November 8th, 2018 in carers, children, family courts, fostering, grandparents, news, social services by tracey

‘A family court judge has criticised a council’s social services department after it emerged that a little boy was placed with foster carers when grandparents who might have offered a home were unaware of his existence.’

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The Indepdendent, 7th November 2018

Source: www.independent.co.uk

Free childcare to be extended to foster carers – Family Law

Posted June 26th, 2018 in children, costs, fostering, news by sally

‘Foster carers are to receive the 30 hours free childcare offer for children in their care for the first time from September 2018. The Government also announced that over 340,000 children were in a 30-hour place in the first year of the policy.’

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Family Law, 26th June 2018

Source: www.familylaw.co.uk

Media watchdog upholds complaint by council over “distorted” coverage of foster case – Local Government Lawyer

Posted April 27th, 2018 in complaints, fostering, Islam, media, news by tracey

‘The Independent Press Standards Organisation (IPSO) has upheld a complaint by the London Borough of Tower Hamlets against a national newspaper’s coverage of a fostering case.
IPSO concluded that The Times had breached Clause 1 (Accuracy) in an article headlined ‘Judge rules child must leave Muslim foster home’, which was published on 30 August 2017.’

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Local Government Lawyer, 25th April 2018

Source: www.localgovernmentlawyer.co.uk