care orders – Page 20 – Current Awareness

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

In re R (A Child) – WLR Daily

Posted December 19th, 2014 in adoption, care orders, law reports, placement orders by sally

In re R (A Child) [2014] EWCA Civ 1625; [2014] WLR (D) 539

‘In re B-S (Children) (Adoption Order: Leave to Oppose) [2014] 1 WLR 563 had not been intended to change and had not changed the law; it was primarily directed to practice. Where adoption was in the child’s best interests local authorities were not to shy away from seeking, nor courts from making, care orders with a plan for adoption, placement orders and adoption orders.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

Non-accidental Injury and Re-balancing the Burden of Proof – Family Law Week

Posted December 1st, 2014 in burden of proof, care orders, child abuse, child neglect, news, personal injuries by tracey

‘Dr John Fox, barrister of Lamb Building, reviews some recent cases which may suggest a re-consideration of the burden of proof in cases of alleged non-accidental injury.’

Family Law Week, 27th November 2014

Source: www.familylawweek.co.uk

Ascertaining Children’s Wishes and Feelings – Family Law Week

Posted December 1st, 2014 in care orders, children, family courts, news by tracey

‘Paul Bishop, an independent social worker and formerly a Children’s Guardian, draws on 20 years’ experience of interviewing children involved in family proceedings.’

Family Law Week, 28th November 2014

Source: www.familylawweek.co.uk

Parents face funding test to stop their children going into care – The Bar Council

Posted November 20th, 2014 in care orders, legal aid, legal representation, press releases by tracey

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

Full press release

The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Parents face funding test to stop their children going into care – The Bar Council

Posted November 18th, 2014 in care orders, legal aid, legal representation, news by sally

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

High Court judge blasts lack of judicial resources to meet care proceedings timings – Local Government Lawyer

Posted November 13th, 2014 in care orders, delay, family courts, judges, news by tracey

‘A High Court judge refused to embark on a final hearing in a complex child care case because of lack of time and the absence of any slack in the family court system to allow for an early hearing, it has emerged.’

Local Government Lawyer, 13th November 2014

Source: www.localgovernmentlawyer.co.uk

Family Drug and Alcohol Court: A Practitioners’ and Judge’s Perspectives – Family Law Week

Posted November 4th, 2014 in alcohol abuse, care orders, courts, drug abuse, family courts, news, rehabilitation by sally

‘Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court.’

Family Law Week, 31st October 2014

Source: www.familylawweek.co.uk

Judge attacks legal aid cuts as couple fight to keep their son – The Independent

Posted November 3rd, 2014 in adoption, budgets, care orders, family courts, human rights, judges, learning difficulties, legal aid, legal representation, local government, news by sally

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

The Independent, 31st October 2014

Source: www.independent.co.uk

Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

Posted October 17th, 2014 in autism, care orders, children, Court of Protection, health, local government, medical treatment, news by tracey

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

Care Proceedings and the European Dimension: Article 15 Transfers – Family Law Week

Posted September 17th, 2014 in care orders, children, delay, EC law, evidence, families, foreign jurisdictions, human rights, news, social services by tracey

‘Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.’

Family Law Week, 16th September 2014

Source: www.familylawweek.co.uk

Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

Posted August 18th, 2014 in care orders, children, disclosure, families, family courts, human rights, jurisdiction, local government, news, reporting restrictions by tracey

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

Reviewing Findings of Fact in Care Proceedings – Family Law Week

Posted July 29th, 2014 in care orders, evidence, family courts, news by sally

‘Jennifer Kotilaine, barrister, of 42 Bedford Row considers the President’s endorsement of the three-stage test in Re ZZ [2014] EWFC 9.’

Family Law Week, 28th July 2014

Source: www.familylawweek.co.uk

Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991; [2014] WLR (D) 326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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