High Court finds LA can consent to deprivation of child’s liberty without DoLs order – Local Government Lawyer

‘The High Court has concluded that a Local Authority, which holds parental responsibility for a child under the age of 16, has the power to consent to the deprivation of his liberty.’

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Local Government Lawyer, 3rd July 2024

Source: www.localgovernmentlawyer.co.uk

Capacity, presumptions and catastrophe – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) looks at a High Court judge’s careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.’

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Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

Research Briefing: An overview of child protection legislation in England – House of Commons Library

Posted May 7th, 2024 in children, families, news, parental responsibility, social services by tracey

‘A broad overview of the legislative framework for child protection and child safeguarding in England.’

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House of Commons Library , 3rd May 2024

Source: commonslibrary.parliament.uk

Step-parents and Parental Responsibility – Becket Chambers

Posted March 21st, 2024 in children, guardianship, news, parental responsibility by sally

‘The Children Act 1989 s.3 sets out the legal definition of parental responsibility as, ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.’

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Becket Chambers, 29th February 2024

Source: becket-chambers.co.uk

Fathers Without PR – Where Do They Stand? Re S (A Child) [2023] Civ 706 – Pump Court Chambers

Posted January 3rd, 2024 in appeals, chambers articles, children, families, news, parental responsibility by sally

‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’

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Pump Court Chambers, 3rd November 2023

Source: www.pumpcourtchambers.com

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

Implementation of Jade’s law – Local Government Lawyer

‘Amrita Hurst, Hannah Taylor and Jake Barras look at the questions raised by Justice Secretary Alex Chalk’s plan to implement “Jade’s law”.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Jade Ward: Pride of murdered woman’s family over law change – BBC News

‘The family of a woman who was murdered by her estranged husband say they are “overjoyed” that parental rights laws will be changed in her name.’

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BBC News, 3rd October 2023

Source: www.bbc.co.uk

Father in UK charged with rape made party to child’s care proceedings – The Guardian

‘A father without parental responsibility who has been charged with two counts of rape – and amid an allegation his son was conceived of rape – has won an appeal to be made party to care proceedings concerning the boy.’

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The Guardian, 25th June 2023

Source: www.theguardian.com

Logan Mwangi – the Child Practice Review and the family courts – Transparency Project

‘This blog post will not go into detail about the distressing history of five year old Logan Mwangi, with which we are all too familiar through media coverage of the trial of the three people who were responsible for his death. An impression had been given at that time that possibly Logan had been let down by the family courts. It is now possible to learn a little about the court involvement – or lack of involvement.’

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Transparency Project, 27th November 2022

Source: transparencyproject.org.uk

Parental Responsibility, the Modern Family and Access to Justice – Family Law Week

Posted November 25th, 2022 in children, families, family courts, news, parental responsibility by tracey

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris LLP, explores the concept of parental responsibility and LAA funding issues in the context of a changing society.’

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Family Law Week, 18th November 2022

Source: www.familylawweek.co.uk

Surrogacy Arrangements and Parental Orders: Where Are We Now? – Family Law Week

Posted October 11th, 2022 in consent, domicile, news, parental responsibility, surrogacy, time limits by tracey

‘Bianca Jackson, Barrister at Coram Chambers considers the most important news and case law relating to Surrogacy Arrangements and Parental Orders.’

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Family Law Week, 5th October 2022

Source: www.familylawweek.co.uk

Research Briefing: E-petition debate: The removal of parental responsibility for people convicted of serious offences – House of Commons Library

Posted September 5th, 2022 in children, criminal justice, news, parental responsibility, parliament by tracey

‘Read the Government’s response and background ahead of the debate on e-petition 614893 on Monday 12 September 2022.’

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House of Commons Library , 2nd September 2022

Source: commonslibrary.parliament.uk

When can parental responsibility be removed from a terrible parent? – Transparency Project

‘In the summer of 2021, Jade Ward was killed by her estranged husband Russell Marsh at their family home. He is now serving a life sentence for her murder. She leaves behind four little boys who are now being raised by her mother and other family members. This is not an isolated tragedy. Each year, many women are killed by their partners or former partners, and it is likely that many of those will have children.’

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Transparency Project, 18th May 2022

Source: transparencyproject.org.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk

Parental responsibility: a short guide for local authority SEND teams – Local Government Lawyer

‘Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

If my child is British, can I stay in the UK? – EIN Blog

Posted October 4th, 2021 in children, families, immigration, news, parental responsibility, visas by tracey

‘If you are a foreign national with a British child and have made the decision to move to the UK, it is vital that you understand the immigration options available to you. Under the UK’s immigration rules, the principal visa route for foreign nationals who want to join their family members is outlined in detail in Appendix FM (FM stands for “family members”). This popular immigration route is intended for anyone who wishes to come to the UK on the basis of their family life with a British national or a person who has settled permanently in the UK. In this article, we will explain how a foreign national with a British child can stay in the UK by applying through the family member (FM) route.’

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EIN Blog, 1st October 2021

Source: www.ein.org.uk

Terminating a father’s responsibility for the child – Local Government Lawyer

Posted June 11th, 2021 in children, families, family courts, news, parental responsibility by tracey

‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

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Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Is there still any place for supervision orders? – Transparency Project

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk