‘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.’
Local Government Lawyer, 10th January 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 24th October 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 21st October 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Becket Chambers, 19th October 2022
Source: becket-chambers.co.uk
‘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.’
Park Square Barristers, 18th October 2022
Source: www.parksquarebarristers.co.uk
‘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.’
Local Government Lawyer, 23rd September 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Becket Chambers, 10th August 2022
Source: becket-chambers.co.uk
‘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.’
Local Government Lawyer, 8th August 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 1st August 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 12th June 2022
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 9th June 2022
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’
Local Government Lawyer, 6th April 2022
Source: www.localgovernmentlawyer.co.uk
‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’
Local Government Lawyer, 29th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’
Transparency Project, 26th April 2022
Source: transparencyproject.org.uk
‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’
Local Government Lawyer, 7th April 2022
Source: www.localgovernmentlawyer.co.uk
‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’
Garden Court Chambers, 4th April 2022
Source: www.gardencourtchambers.co.uk
‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’
Transparency Project, 20th March 2022
Source: www.transparencyproject.org.uk
‘Draft guidelines to help improve practice when the state acts to safeguard a baby at birth have been published by Nuffield Family Justice Observatory (Nuffield FJO) and are being tested for feasibility in sites across England and Wales.’
Family Law, 3rd March 2022
Source: www.familylaw.co.uk
‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’
Local Government Lawyer, 11th February 2022
Source: www.localgovernmentlawyer.co.uk
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, February 10th 2022
Source: spirebarristers.co.uk
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