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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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

Care system failures breach children’s human rights – UK Human Rights Blog

Posted July 11th, 2012 in care homes, children, guardianship, human rights, local government, negligence, news by tracey

“A & S v. Lancashire County Council [2012] EWHC 1689. The poor quality of provision for children in care was much in the headlines last week. A highly critical report by the Deputy Children’s Commissioner, which found children in many privately run care homes were at high risk of suffering violent or sexual abuse, was followed by the Government’s announcement of plans to speed up the adoption process and allow families who wish to adopt children to foster them first.”

Full story

UK Human Rights Blog, 10th July 2012

Source: www.ukhumanrightsblog.com

New law for missing persons – Ministry of Justice

“Families of missing people will be given greater support when a loved one goes missing with today’s announcement that the Government will introduce a certificate of presumed death – through legislation.”

Full story

Ministry of Justice, 6th July 2012

Source: www.justice.gov.uk

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service – WLR Daily

Posted July 4th, 2012 in care orders, children, guardianship, human rights, law reports by sally

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service [2012] EWCA Civ 853; [2012] WLR (D) 189

“Although CAFCASS was under a statutory duty in general terms to provide a scheme for the representation of children in care proceedings in England, that duty did not extend to a specific obligation to ensure that a particular child in an individual case was represented or that representation should be arranged in accordance with a precise timetable.”

WLR Daily, 29th June 2012

Source: www.iclr.co.uk

OPG’s call for evidence on Deputies – Ministry of Justice

Posted August 5th, 2011 in charities, guardianship, mental health, news by sally

“Care charities and other not-for-profit organisations are being asked whether they think they can better meet the needs of people who lack mental capacity.”

Full story

Ministry of Justice, 4th August 2011

Source: www.justice.gov.uk

High Court backs children’s guardian independence – Law Society’s Gazette

Posted July 8th, 2011 in children, guardianship, news by tracey

“A High Court ruling has reasserted the independence of children’s guardians from state control. In a landmark judgment, Sir Nicholas Wall said the court-appointed guardians were a vital element in protecting children.”

Full story

Law Society’s Gazette, 7th July 2011

Source: www.lawgazette.co.uk

Parliamentary law review for relatives of missing – BBC News

Posted March 2nd, 2011 in guardianship, missing persons, news, presumption of death orders by sally

“The father of missing York chef Claudia Lawrence has asked MPs for more legal rights for families of missing people.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) – WLR Daily

Posted February 12th, 2010 in appeals, children, guardianship, law reports by sally

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32

“When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question whether there had been a ‘change in circumstances’  for the purposes of that provision.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Office of the Public Guardian: Amendments to secondary legislation – Ministry of Justice

Posted December 21st, 2009 in consultations, guardianship, Office of the Public Guardian by sally

“This consultation paper represents the next step in the review process of the Mental Capacity Act 2005 and addresses areas of legislation and policy that in practice have not worked as well as intended.”

Full consultation paper

Ministry of Justice, 17th December 2009

Source: www.justice.gov.uk

Cafcass judicial review threat – Law Society’s Gazette

Posted November 26th, 2009 in delay, guardianship, judicial review, news by sally

“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”

Full story

Law Society’s Gazette, 25th November 2009

Source: www.lawgazette.co.uk

Regina (Singh) v. Stratford Magistrates Court – Times Law Reports

Posted August 13th, 2007 in guardianship, judicial review, law reports, mental health by sally

No entitlement to trial

Regina (Singh) v Stratford Magistrates Court

“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”

The Times, 13th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.