Adequacy of reasons and the approach to clarification – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the adequacy of reasons in a judgment in care proceedings, and the approach that should be taken to clarification, writes Jennifer Youngs.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Admissibility of foreign convictions in proceedings under the Children Act 1989 – Family Law Week

‘Samuel Arksey, a pupil barrister at Senate House Chambers considers the admissibility of foreign convictions in proceedings under the Children Act 1989.’

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Family Law Week, 15th March 2023

Source: www.familylawweek.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

Reopening findings of fact: fairness of hearing – Local Government Lawyer

Posted February 17th, 2023 in adoption, care orders, child cruelty, child neglect, children, families, local government, news by tracey

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer

Posted February 1st, 2023 in appeals, care orders, child cruelty, children, families, local government, news by sally

‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Judge finds threshold met on facts before the Court despite all parties considering it was not – Local Government Lawyer

Posted January 27th, 2023 in care orders, children, families, fostering, local government, news by sally

‘A High Court judge has found the threshold was crossed for the making of a care order for a 14-year-old girl, despite all parties thinking it was not met.’

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Local Government Lawyer, 27th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms s20 voluntary accommodation agreements can be used for settled long-term placements – Local Government Lawyer

Posted January 19th, 2023 in care orders, children, local government, news by tracey

‘The Court of appeal has allowed two appeals which concerned the interplay between care orders and the voluntary accommodation of children under section 20 of the Children Act 1989.’

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Local Government Lawyer, 18th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources” – Local Government Lawyer

‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Questions over use of ‘psychological experts’ in parental alienation cases – The Guardian

‘Mothers are having their children taken away by court-appointed “psychological experts” who are unregulated and do not have the necessary qualifications, the Association of Clinical Psychologists UK has warned.’

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The Guardian, 12th June 2022

Source: www.theguardian.com

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk