Category: care orders

Autonomy and the role of the Official Solicitor – whose interests are really being represented? – UK Human Rights Blog

Posted October 10th, 2012 in care orders, complaints, human rights, learning difficulties, legal representation, news, official solicitor by sally

“The day before our seminar on the Court of Protection and the right to autonomy, the Strasbourg Court has ruled on a closely related issue in a fascinating challenge to the role of the Official Solicitor in making decisions on behalf of individuals who are for one reason or another unable to act for themselves.”

Full story

UK Human Rights Blog, 10th October 2012

Source: www.ukhumanrightsblog.com

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily

Posted August 1st, 2012 in care orders, families, judgments, law reports, split hearings by sally

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Section 38(6) Applications – Further fine-tuning – Family Law Week

Posted July 30th, 2012 in appeals, care orders, children, interpretation, local government, news, parental responsibility by sally

“Sally Gore, barrister, of 14 Gray’s Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal’s clarification in S (A Child) [2011].”

Full story

Family Law Week, 27th July 2012

Source: www.familylawweek.co.uk

Supreme Court decides: Liability of a local authority to pay the costs of a party to care proceedings – Hardwicke Chambers

Posted July 27th, 2012 in care orders, costs, grandparents, news, third parties by sally

“The Supreme Court has today delivered its Judgment in the case of T (children) [2012] UKSC 36 concerning the liability of a local authority to pay the costs of a party to care proceedings.”

Full story

Hardwicke Chambers, 25th July 2012

Source: www.hardwicke.co.uk

In re T (Children) (Care Proceedings: Costs) – WLR Daily

Posted July 27th, 2012 in care orders, children, costs, grandparents, law reports by sally

In re T (Children) (Care Proceedings: Costs) [2012] UKSC 36; [2012] WLR (D) 223

“A local authority should not be liable in care proceedings for the costs of interveners against whom allegations had been reasonably made but which had been held by the court to be unfounded.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service – WLR Daily

Posted July 4th, 2012 in care orders, children, guardianship, human rights, law reports by sally

Regina (R and others) (Children) v Child and Family Court Advisory and Support Service [2012] EWCA Civ 853; [2012] WLR (D) 189

“Although CAFCASS was under a statutory duty in general terms to provide a scheme for the representation of children in care proceedings in England, that duty did not extend to a specific obligation to ensure that a particular child in an individual case was represented or that representation should be arranged in accordance with a precise timetable.”

WLR Daily, 29th June 2012

Source: www.iclr.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

Posted May 16th, 2012 in appeals, care orders, children, law reports, local government, statutory interpretation by tracey

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

DfE sets out key features of Children and Families Bill – Family Law Week

Posted May 10th, 2012 in adoption, bills, care orders, children, families, news, special educational needs by sally

“The Department for Education has set out the key features of the Children and Families Bill announced in the Queen’s Speech. The Bill is expected to be introduced early in 2013.”

Full story

Family Law Week, 9th May 2012

Source: www.familylawweek.com

Children: Public Law Update – Family Law Week

Posted February 20th, 2012 in care orders, child abuse, children, fostering, news, witnesses by sally

“John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children.”

Full story

Family Law Week, 19th February 2012

Source: www.familylawweek.co.uk

Baby P effect puts record number of ‘at risk’ children in care – The Guardian

Posted September 9th, 2011 in care orders, child abuse, news, social services by tracey

“Record numbers of ‘at risk’ children are being taken from their families and placed into care, official figures show, as social workers respond to what they regard as increasing neglect and emotional abuse of vulnerable youngsters.”

Full story

The Guardian, 8th September 2011

Source: www.guardian.co.uk

Hospital faces legal action over newborn baby seized from mother – The Guardian

Posted June 20th, 2011 in breastfeeding, care orders, hospitals, judicial review, news by sally

“A breastfeeding mother whose newborn baby was forcibly taken from her and put into care for six days is seeking a judicial review over alleged unlawful treatment during a crucial bonding period with her daughter.”

Full story

The Guardian, 17th June 2011

Source: www.guardian.co.uk

How a specialist court is helping families riven by addiction – The Guardian

Posted May 26th, 2011 in alcoholism, care orders, drug abuse, families, news by sally

“The family drug and alcohol court is making a difference in breaking the intergenerational cycle of self-destructive behaviour.”

Full story

The Guardian, 26th May 2011

Source: www.guardian.co.uk

Oldham care baby mother takes battle to European courts – BBC News

Posted February 11th, 2011 in care orders, human rights, news, social services by sally

“A mother from Greater Manchester who claims her baby daughter was wrongly taken into care has taken her case to the European Courts.”

Full story

BBC news, 11th February 2011

Source: www.bbc.co.uk

Higher court fees risk putting councils off care proceedings – The Guardian

Posted October 29th, 2010 in care orders, fees, local government, news by sally

“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Mother fails to gain reunion with daughter in Northants – BBC News

Posted October 8th, 2010 in care orders, fostering, mental health, news by sally

“A mother has failed in a bid to be reunited with her daughter, despite the appeal court in London recognising the bond between them.”

Full story

BBC News, 7th October 2010

Source: www.bbc.co.uk

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted December 17th, 2009 in care orders, child abuse, law reports, parental responsibility, standard of proof by sally

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baby unlawfully taken from mother – BBC News

Posted April 7th, 2009 in care orders, children, news, social services by sally

“Social workers in Nottingham failed to follow the correct legal processes in separating a baby from its teenage mother, a report has concluded.”

Full story

BBC News, 6th April 2009

Source: www.bbc.co.uk

More open justice for families in the courts – The Times

Posted October 20th, 2008 in care orders, family courts, news by sally

“Family courts are to be opened up to public scrutiny in response to mounting criticism from parents whose children are taken into care that they are victims of ‘secret justice’.”

Full story

The Times, 20th October 2008

Source: www.timesonline.co.uk

R. K. and A. K. v United Kingdom – Times Law Reports

Posted October 13th, 2008 in care orders, human rights, law reports by sally

R. K. and A. K. v United Kingdom (Application No 38000/05)

European Court of Human Rights

“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”

The Times, 13th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.

Damages for parents in care case – BBC News

Posted September 30th, 2008 in care orders, child abuse, compensation, news by sally

“A British couple whose two-month-old daughter was taken into care after a ‘misguided’ suspicion of abuse have been awarded £8,000 in compensation.”

Full story

BBC News, 30th September 2008

Source: www.bbc.co.uk