Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know? – Family Law Week

Posted June 14th, 2013 in care orders, case management, children, local government, news, time limits by sally

“Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.”

Full story

Family Law Week, 13th June 2013

Source: www.familylawweek.com

In re B (A Child)(Care Proceedings: Threshold Criteria) – WLR Daily

Posted June 13th, 2013 in appeals, care orders, children, law reports, Supreme Court by sally

In re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] WLR (D) 226

“Determinations by the judge that the statutory threshold criteria were crossed for the making of a care order under section 31(2) of the Children Act 1989 and that such an order should be made were evaluative judgments with which the appellate court, exercising a review jurisdiction, should only interfere if it were satisfied that the judgments were wrong.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

In the matter of B (a Child) (FC) – Supreme Court

Posted June 13th, 2013 in appeals, care orders, children, news, Supreme Court by sally

In the matter of B (a Child) (FC) [2013] UKSC 33 | UKSC 2013/0022 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

The Revised Public Law Outline …. and this time they mean it – Family Law Week

“Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.”

Full story

Family Law Week, 4th June 2013

Source: www.familylawweek.co.uk

What Place does Wardship have in Modern Family Proceedings? – Family Law Week

Posted May 20th, 2013 in care orders, children, jurisdiction, local government, news, wardship by sally

“Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.”

Full story

Family Law Week, 18th May 2013

Source: www.familylawweek.co.uk

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

Full story

Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

Children: Public Law Update (April 2013) – Family Law Week

“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”

Full story

Family Law Week, 18th April 2013

Source: www.familylawweek.co.uk

Local authorities and the duty to consult with parents – UK Human Rights Blog

“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”

Full story

UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com

“Bring it back” – Courts and care plans that are not working – Family Law Week

Posted April 11th, 2013 in care orders, family courts, human rights, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, examines the routes available to a local authority to return a case to court if the care plan goes awry.”

Full story

Family Law Week, 10th April 2013

Source: www.familylawweek.co.uk

The Cost of Care……The position following the Tower Hamlets decision – Family Law Week

“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”

Full story

Family Law Week, 17th March 2013

Source: www.familylawweek.com

In re J (Children) (Care Proceedings: Threshold Criteria) – WLR Daily

In re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9; [2013] WLR (D) 74

“A real possibility that a parent had harmed a child in the past was not, by itself, sufficient to establish that some other child that he or she now had care of was ‘likely to suffer significant harm’ within the meaning of section 31(2)(a) of the Children Act 1989 so as to meet the threshold for initiating care proceedings in respect of that other child.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Judges ‘should talk to children before making care decisions’ – The Guardian

“Many children who end up in care are never interviewed by the judge who makes the decision to remove them from their families, according to a report by an influential group of MPs and child protection experts.”

Full story

The Guardian, 10th February 2012

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

Full story

Family Law Week, 21st January 2013

Source: www.familylawweek.com

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Unvisited: Looked after children and the role of the Independent Visitor – Family Law Week

Posted December 14th, 2012 in care orders, children, local government, news, social services by tracey

“Noel Arnold, Head of Legal Practice at the Coram Children’s Legal Centre, considers the importance of Independent Visitors for looked after children and clarifies confusions in the current arrangements.”

Full story

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Association of Lawyers for Children – Annual Conference Keynote Speech by The Hon Mr Justice Ryder

Posted November 23rd, 2012 in care orders, children, family courts, speeches by tracey

“The Honourable Mr Justice Ryder delivered the keynote speech in Bristol at the annual conference on Friday 16 November 2012.”

Full speech

Association of Lawyers for Children, 16th November 2012

Source: www.alc.org.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Does it matter what I think”? A comparison of the consideration of children’s views in Hague Convention cases and Children Act 1989 proceedings – Family Law Week

Posted October 26th, 2012 in care orders, child abduction, children, custody, news by tracey

“Radhika Handa, barrister, of Coram Chambers compares the court’s consideration of children’s wishes in Hague Convention and Children Act cases, in both private and public law.”

Full story

Family Law Week, 26th October 2012

Source: www.familylawweek.co.uk

Ben Butler’s case reminds us the justice system is not infallible – The Guardian

“Ben Butler, found to have shaken his seven week old baby in both care proceedings and criminal proceedings in 2008, has finally been declared an innocent man. Ben had taken his daughter Ellie to hospital after she had collapsed with breathing problems, but suspicion quickly fell on him when doctors believed the symptoms she displayed were conclusive evidence of shaking. Five years on, and the discovery of medical evidence that no one had previously seen, a high court judge has exonerated Ben of any wrongdoing.”

Full story

The Guardian, 18th October 2012

Source: www.guardian.co.uk