Guardianship of the property and affairs of missing persons – Ministry of Justice

Posted August 28th, 2014 in consultations, guardianship, missing persons, news, powers of attorney by sally

‘When a person goes missing, there is currently no legal mechanism for another person to manage his or her affairs during his or her absence. This can lead to the dissipation of the missing person’s assets (for example, through uncancellable Direct Debits) and the deterioration or loss of assets (for example, through lack of maintenance or failure to meet financial obligations, such as mortgage payments).’

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Ministry of Justice, 27th August 2014

Source: www.consult.justice.gov.uk

New legal powers for families of missing people on the horizon – Daily Telegraph

Posted August 28th, 2014 in consultations, families, guardianship, missing persons, news, powers of attorney by sally

‘Campaign by Claudia Lawrence’s father Peter leads to proposals to give relatives of missing loved ones power over their financial affairs.’

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Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

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Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Children: Public Law Update – Family Law Week

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

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Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

In re C (A Child)(Care Plan: Adoption) – WLR Daily

Posted October 23rd, 2013 in adoption, care orders, children, guardianship, law reports, local government by tracey

In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257;   [2013] WLR (D)  394

“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Council wins right to sell family assets to pay care bill – Daily Telegraph

Posted July 22nd, 2013 in carers, costs, Court of Protection, elderly, guardianship, mental health, news by sally

“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”

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Daily Telegraph, 19th July 2013

Source: www.telegraph.co.uk

More help for families of missing people – Ministry of Justice

Posted June 20th, 2013 in families, guardianship, missing persons, news, press releases by sally

“Families will be given extra help to cope when a loved one goes missing under new plans announced by Justice Minister Helen Grant.”

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Ministry of Justice, 20th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Legal powers plan for families of missing people – BBC News

Posted June 20th, 2013 in consultations, families, guardianship, missing persons, news by sally

“The families of missing people will get more power to handle legal and money problems after the disappearance, under government proposals.”

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BBC News, 19th June 2013

Source: www.bbc.co.uk

Taking responsibility – New Law Journal

Posted May 14th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

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New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

Taking responsibility – New Law Journal

Posted May 10th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

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New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

The Cost of Care……The position following the Tower Hamlets decision – Family Law Week

“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”

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Family Law Week, 17th March 2013

Source: www.familylawweek.com

Government failing to bring Britain in line with European rules on human trafficking, say charities – The Independent

“The Government has failed to bring Britain in line with European laws on human trafficking, according to leading charities, who say victims of the crime are being left vulnerable to further abuse.”

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The Independent, 10th March 2013

Source: www.independent.co.uk

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

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Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Improving the protection of children across borders – Ministry of Justice

Posted November 2nd, 2012 in child abduction, fostering, guardianship, news, parental responsibility, treaties by sally

“Children from the UK will now have international protection if they move to another country outside the European Union. The 1996 Hague Convention will be in force from today meaning the public can be assured that countries which have opted in to the treaty will uphold and enforce a court order involving the protection of a child.”

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Ministry of Justice, 1st November 2012

Source: www.justice.gov.uk

The Interface between the Mental Health Act 1983 and the Mental Capacity Act 2005 – Thirty Nine Essex Street

Posted October 30th, 2012 in guardianship, mental health, news by sally

“There are, in one sense, multiple interfaces between the Mental Health Act 1983 and the Mental Capacity Act 2005: those concerning medical treatment, welfare and finances as well as restriction and deprivation of liberty. This paper focuses upon the latter since there is a confusing line of authority developing on the topic, and because there remain a number of questions to be answered and problems to be solved. It is fair to say that today’s talk perhaps raises more questions than it provides answers.”

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Thirty Nine Essex Street, 15th October 2012

Source: www.39essex.com

Regina (T) v Merton London Borough Council – WLR Daily

Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin);   [2012] WLR (D)  256

“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk