‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’
Family Law Week, 21st October 2019
Source: www.familylawweek.co.uk
‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’
Local Government Lawyer, 1st Octoer 2019
Source: www.localgovernmentlawyer.co.uk
‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’
Transparency Project, 28th September 2019
Source: www.transparencyproject.org.uk
‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’
Law Society's Gazette, 26th September 2019
Source: www.lawgazette.co.uk
‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
1COR, 7th August 2019
Source: www.1cor.com
‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’
Park Square Barristers, 27th August 2019
Source: www.parksquarebarristers.co.uk
‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.
The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’
BBC News, 29th August 2019
Source: www.bbc.co.uk
‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’
UK Human Rights Blog, 7th August 2019
Source: ukhumanrightsblog.com
‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’
UK Police Law Blog, 31st July 2019
Source: ukpolicelawblog.com
‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’
Family Law Week, 26th July 2019
Source: www.familylawweek.co.uk
‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’
The Guardian, 23rd June 2019
Source: www.theguardian.com
‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’
Local Government Lawyer, 29th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’
Local Government Lawyer, 28th May 2019
Source: www.localgovernmentlawyer.co.uk
‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’
Courts and Tribunals Judiciary press release
Law Society's Gazette, 28th May 2019
Source: www.lawgazette.co.uk
‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’
Family Law, 26th February 2019
Source: www.familylaw.co.uk
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