care orders – Page 9 – Current Awareness

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

Posted July 29th, 2020 in adoption, care orders, children, consultations, coronavirus, families, government departments, local government, news, social services by tracey

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

Family Law, 28th July 2020

Source: www.familylaw.co.uk

One size fits all? – No. 5 Chambers

Posted July 10th, 2020 in adoption, appeals, care orders, chambers articles, children, families, fostering, guardianship, local government, news by sally

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protection of Children who are Seventeen – Family Law Week

Posted July 2nd, 2020 in care orders, children, jurisdiction, local government, news by tracey

‘Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.’

Family Law Week, 1st July 2020

Source: www.familylawweek.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

Posted June 23rd, 2020 in adoption, appeals, care orders, case management, disabled persons, learning difficulties, local government, news by sally

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

News About Special Guardianship Orders – Transparency Project

Posted June 22nd, 2020 in care orders, children, codes of practice, families, family courts, guardianship, local government, news by sally

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

Posted June 12th, 2020 in adjournment, care orders, chambers articles, children, coronavirus, expert witnesses, families, family courts, news, remote hearings by sally

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

Posted June 12th, 2020 in appeals, care orders, case management, children, coronavirus, families, news, remote hearings by sally

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

1 GC: Family Law, 4th June 2020

Source: 1gc.com

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk

Watering down children’s rights – Doughty Street Chambers

Posted June 5th, 2020 in adoption, care orders, children, coronavirus, families, fostering, human rights, local government, news by sally

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

A Local Authority v The Mother and others [2020] EWHC 1233 (Fam) by Ned Sproston – Broadway House Chambers

Posted June 4th, 2020 in adjournment, care orders, coronavirus, drug abuse, news by sally

‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

Posted May 28th, 2020 in care orders, children, families, fostering, local government, medical treatment, news, parental rights, vaccination by sally

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

Posted May 18th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, news, remote hearings by sally

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

Posted May 15th, 2020 in appeals, care orders, chambers articles, children, coronavirus, courts, families, fostering, news, remote hearings by sally

‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’

Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

Posted May 13th, 2020 in adoption, care orders, charities, children, consultations, coronavirus, families, local government, news, social services by sally

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

Posted May 12th, 2020 in care orders, contact orders, family courts, live link evidence, news, remote hearings by sally

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

Separation REALLY is the last resort – Garden Court Chambers

Posted May 12th, 2020 in care orders, children, disabled persons, domestic violence, drug abuse, local government, news by sally

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

Posted May 7th, 2020 in care orders, chambers articles, child abuse, evidence, local government, news by sally

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

Posted May 5th, 2020 in appeals, care orders, family courts, live link evidence, news, placement orders, remote hearings by sally

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

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