‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’
Parklane Plowden, 7th January 2020
Source: www.parklaneplowden.co.uk
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 6th January 2020
Source: spirebarristers.co.uk
‘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.’
Local Government Lawyer, 19th December 2019
Source: www.localgovernmentlawyer.co.uk
‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’
Family Law Week, 21st October 2019
Source: www.familylawweek.co.uk
‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’
Family Law, 10th October 2019
Source: www.familylaw.co.uk
‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’
Family Law, 7th October 2019
Source: www.familylaw.co.uk
‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’
Local Government Lawyer, 1st Octoer 2019
Source: www.localgovernmentlawyer.co.uk
‘The Nuffield Family Justice Observatory has called for major changes to special guardianship orders (SGOs) to ensure that family members who become carers have direct experience beforehand of looking after the child concerned. Its research review was undertaken in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs.’
Local Government Lawyer,16th August 2019
Source: www.localgovernmentlawyer.co.uk
‘A recent report calls for significant changes to Special Guardianship Orders (SGOs), which includes ensuring family members who might become carers have direct experience of looking after the child before the court order is made. The review was commissioned by the Nuffield Family Justice Observatory in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs. It was led by Dr John Simmonds from CoramBAAF and Professor Judith Harwin from Lancaster University.’
Family Law, 5th August 2019
Source: www.familylaw.co.uk
‘The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019. The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.’
Family Law, 1st August 2019
Source: www.familylaw.co.uk
‘Maria Wright, PhD Candidate at the University of Bristol, and solicitor, highlights some of the challenges associated with placing children under SGOs overseas and asks whether such placements warrant a distinct form of legal framework tailored to meet their specific needs.’
Family Law Week, 19th July 2019
Source: www.familylawweek.co.uk
‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’
Local Government Lawyer, 28th May 2019
Source: www.localgovernmentlawyer.co.uk
‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’
Courts and Tribunals Judiciary press release
Law Society's Gazette, 28th May 2019
Source: www.lawgazette.co.uk
‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’
Radcliffe Chambers, 4th February 2019
Source: www.radcliffechambers.com
‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’
Courts and Tribunals Judiciary, 23rd November 2018
Source: www.judiciary.uk
‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’
Family Law, 4th July 2018
Source: www.familylaw.co.uk
‘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.’
Ministry of Justice, 17th May 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’
Family Law Week, 20th April 2018
Source: www.familylawweek.co.uk
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