John Bowers QC’s Employment Law Blog: October 2019 – Littleton Chambers

Posted October 31st, 2019 in adoption, charities, equality, freedom of expression, homosexuality, housing, Judaism, news by sally

‘In R (ota Z) v LB of Hackney & Agudas Israel Housing Assoc Ltd [2019] EWCA Civ 1099, the court considered a challenge to the housing policies of a charitable provider of social housing in Hackney. Accommodation was allocated by the Housing Association only to members of the Orthodox Jewish community in the Stamford Hill area of London. The Divisional Court found that ‘there are very high levels of poverty and deprivation [amongst the Orthodox community], with associated low levels of home ownership … there is a strong correlation between the evidenced poverty and deprivation and the religion’. It also found that the arrangements for allocating housing which placed Orthodox Jews in a primary position to enable them both to avoid the disadvantages and to meet the needs. This would be unlawful discrimination under the Equality Act 2010 unless there was an appropriate exception.’

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Littleton Chambers, 21st October 2019

Source: www.littletonchambers.com

UK couple ‘had 11-year-old son stabbed to death to claim £150,000 insurance payout’ – The Independent

Posted October 18th, 2019 in adoption, children, extradition, India, insurance, murder, news by tracey

‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’

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The Independent, 17th October 2019

Source: www.independent.co.uk

‘I am DNA proof my father is a rapist’ – BBC News

Posted August 5th, 2019 in adoption, child abuse, children, DNA, news, rape, sexual offences, victims by tracey

‘A woman conceived by rape wants her father brought to justice in a so-called “victimless prosecution”, in one of the first cases of its kind, the BBC has learned.’

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BBC News, 5th August 2019

Source: www.bbc.co.uk

Same-sex and single-parent adoption and religious discrimination: Page – Law & Religion UK

‘On 19 June 2019, the Employment Appeal Tribunal handed down two separate judgments relating to the same appellant, Mr Richard Page: Page v Lord Chancellor & Anor [2019] UKEAT 0304 18 1906 and Page v NHS Trust Development Authority [2019] UKEAT 0183 18 1906. The appeals related to Mr Page’s religious beliefs in relation to his position as a magistrate and as a Non-Executive Director of an NHS Trust, respectively; and the EAT dismissed the appeals in both cases. From the legal perspective, the two cases were not “linked” as such because there was no cross-referencing between them. However, the action taken by the Lord Chancellor’s Department resulted, indirectly, in action being instituted by the NHS, and the following note relates to both judgments.’

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Law & Religion UK, 24th June 2019

Source: www.lawandreligionuk.com

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

RE B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29: What is the Future for Post-Adoption Contact? – Family Law Week

Posted April 25th, 2019 in adoption, children, contact orders, news by tracey

‘The issue of post-adoption contact was recently considered by the Court of Appeal in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29. This article, written by the solicitor and junior counsel for the appellants, considers the backdrop against which this appeal was made and where this judgment leaves the issue of post-adoption contact.’

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Family Law Week, 18th April 2018

Source: www.familylawweek.co.uk

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

Mother has four-year-old son taken from her after failing drug test taken from strand of hair – The Independent

Posted January 21st, 2019 in adoption, care orders, drug abuse, forensic science, news by tracey

‘A mother has been forced to give up her four-year-old son after failing a hair-strand drug test and losing a controversial court battle over his care.’

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The Independent, 20th January 2019

Source: www.independent.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Case of ex-magistrate challenging top judges moves forward – Family Law

Posted December 6th, 2018 in adoption, employment tribunals, magistrates, news, victimisation by sally

‘Former magistrate Richard Page has been granted permission to take his case against the Lord Chancellor and Lord Chief Justice to the Employment Appeal Tribunal. Page is accusing the most senior judges in England and Wales of victimising him for his view that children do best when raised by both a mother and a father.’

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Family Law, 5th December 2018

Source: www.familylaw.co.uk

Children’s sibling relationships ‘at risk’ in case and adoption proceedings – Family Law

Posted November 5th, 2018 in adoption, children, families, news by sally

‘The significance attached to sibling relationships in care and adoption proceedings can be routinely outweighed by other factors, according to a new report funded by the Nuffield Foundation.’

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Family Law, 2nd November 2018

Source: www.familylaw.co.uk

“Wait a Minute, Mr Postman”: Post-Adoption Contact after the Children and Families Act 2014 – Family Law Week

Posted September 27th, 2018 in adoption, contact orders, families, news by tracey

‘Dr Bianca Jackson, barrister, Coram Chambers and co-author of “Public Children Law: Contemporary Issues” examines the issue of post-adoption contact.’

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Family Law Week, 21st September 2018

Source: www.familylawweek.co.uk

Matthew Scully-Hicks: Social services chief apologises for mistakes leading to toddler being murdered by adoptive father – The Independent

Posted August 3rd, 2018 in adoption, child abuse, doctors, murder, news, social services by tracey

‘A social services chief has apologised for mistakes in the care of a baby girl who was murdered by her father two weeks after he adopted her. A review has found that both social services workers and a doctor missed opportunities to spot anything abnormal when Elsie Scully-Hicks suffered a catalogue of injuries in the months before she died.’

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The Independent, 2nd August 2018

Source: www.independent.co.uk

Step-parent adoption order set aside where court misled – Halsbury’s Law Exchange

Posted March 23rd, 2018 in adoption, misrepresentation, news, setting aside by tracey

‘Family analysis: A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.’

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Halsbury’s Law Exchange, 22nd March 2018

Source: blogs.lexisnexis.co.uk

Speech by Lord Justice McFarlane: Contact: a point of view – Courts and Tribunals Judiciary

Posted March 21st, 2018 in adoption, contact orders, speeches by tracey

‘Speech by Lord Justice McFarlane: Contact: a point of view.’

Full speech

Courts and Tribunals Judiciary, 20th March 2018

Source: www.judiciary.gov.uk

Stepfather adoption: the pros and cons – Family Law

Posted February 16th, 2018 in adoption, news, parental responsibility by sally

”The legal position for a stepfather in relation to his stepchild can be fundamentally altered through an adoption order. This will extinguish parental responsibility held by everyone other than the stepfather’s partner. The stepfather will obtain parental responsibility and will be treated in law as if he were the child’s birth parent (s 67(1) of the Adoption and Children Act 2002 (ACA 2002)).

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Family Law, 15th February 2018

Source: www.familylaw.co.uk

Court ruling on decision to place a child with sibling’s adopters (Re B (a child)) – Family Law

Posted January 30th, 2018 in adoption, appeals, families, news, placement orders by sally

‘Family analysis: Emily James, barrister at The 36 Group, considers the practical implications of the Court of Appeal judgment in Re B (A Child) (Care Proceedings) [2018] EWCA Civ 20, [2018] All ER (D) 74 (Jan), in which a decision to place a child for adoption, even when there was a viable family placement available, was upheld.’

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Family Law, 29th January 2018

Source: www.familylaw.co.uk

‘They took my life. I’m grieving for a child who is still alive’ – The Guardian

Posted January 24th, 2018 in adoption, children, news, race discrimination, social services, travellers by tracey

‘New figures show a huge rise in Romany and Traveller families having their children taken away. It’s being blamed on institutional prejudice.’

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The Guardian, 24th January 2018

Source: www.theguardian.com

Kisses and cuddles not enough… – Transparency Project

Posted January 23rd, 2018 in adoption, judgments, learning difficulties, news by sally

‘The BBC recently reported that two children were to be adopted ‘as kisses and cuddles [were] not enough‘.’

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Transparency Project, 20th January 2018

Source: www.transparencyproject.org.uk

Adoption a ‘runaway train often breaching rights of birth parents’ – The Guardian

Posted January 19th, 2018 in adoption, news, parental rights, social services by tracey

‘The British Association of Social Workers’s (BASW) independent adoption inquiry is the first to investigate the role of social workers in adoption with a focus on ethics and human rights and has called for a significant rethink and review of adoption law.’

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The Guardian, 18th January 2018

Source: www.theguardian.com