‘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
‘High Court to hear that ministers have irrationally discriminated against 16- and 17-year-olds in care by not including them in new legislation designed to protect looked-after children.’
The Independent, 8th February 2022
Source: www.independent.co.uk
‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’
Family Law Week, 7th January 2022
Source: www.familylawweek.co.uk
‘Government compensation is being denied to some Windrush victims who were in care as children, it is claimed.’
BBC News, 30th November 2021
Source: www.bbc.co.uk
‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’
Legal Futures, 23rd November 2021
Source: www.legalfutures.co.uk
‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’
Local Government Lawyer, 10th November 2021
Source: www.localgovernmentlawyer.co.uk
‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’
St Ives Chambers, 12th October 2021
Source: www.stiveschambers.co.uk
‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’
Transparency Project, 7th September 2021
Source: www.transparencyproject.org.uk
‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’
Local Government Lawyer, 27th August 2021
Source: www.localgovernmentlawyer.co.uk
‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’
Becket Chambers, 20th August 2021
Source: becket-chambers.co.uk
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