With great power… – St Ives Chambers

Posted December 19th, 2024 in care orders, chambers articles, children, families, family courts, news by sally

‘On 22 April 2014, the “Single” Family Court sprang into being. For those who did not practise in the predecessors, it is probably almost impossible to fathom that family justice was so clearly delineated into three separate courts, each with its own powers, approaches and, dare we say, own quirks. Indeed, prior to 2010, there were entirely separate procedural codes between the High Court/county court on the one hand and the Family Proceedings Court on the other. For those of us who have difficulty remembering one set of rules, having to remember two seemed a little unfair.’

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St Ives Chambers, November 2024

Source: d23mtoo6rceerw.cloudfront.net

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by tracey

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Injuries and Part 25 experts – Local Government Lawyer

‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Children case law update: November 2024 – Local Government Lawyer

‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by tracey

‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’

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Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Care proceedings quicker with more disposals within 26 weeks: MoJ – Local Government Lawyer

‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’

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Local Government Lawyer, 27th September 2024

Source: www.localgovernmentlawyer.co.uk

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Clarification of reasons – what is appropriate? – Local Government Lawyer

Posted August 12th, 2024 in care orders, child abuse, judgments, news, reasons by tracey

‘Emma Greenhalgh and Joanne Oakes highlight a recent case which raised important guidance in respect of what is appropriate when requesting clarification and when this may go too far as to “bamboozle” the judge.’

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Local Government Lawyer, 9th August 2024

Source: www.localgovernmentlawyer.co.uk

Family Drug and Alcohol Courts generate “significant savings” for local authorities in comparison to standard care proceedings: report – Local Government Lawyer

‘The Family Drug and Alcohol Court (FDAC) could save local authorities almost £10,000 per case in legal costs compared to standard care proceedings, according to a financial analysis carried out by the Centre for Justice Innovation.’

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Local Government Lawyer, 5th August 2024

Source: www.localgovernmentlawyer.co.uk

Failure to Clarify Immigration Status in Care Proceedings by Lucy Coen – Broadway Chambers

‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’

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Broadway Chambers, 29th July 2024

Source: www.broadwayhouse.co.uk

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authorities, care orders and consent to confinement – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

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Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Local authority wins Court of Appeal challenge over interim care order requiring it to arrange direct contact between mother and daughter – Local Government Lawyer

Posted May 21st, 2024 in care orders, children, contact orders, local government, news by sally

‘The Court of Appeal has allowed an appeal brought by a local authority against a judge’s direction that the council should facilitate interim direct contact between a young girl and her mother.’

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The Independent, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk