Optometrist Honey Rose guilty over Vincent Barker death – BBC News
‘An optometrist who failed to spot an eye condition in a boy who later died has been found guilty of gross negligence manslaughter.’
BBC News, 15th July 2016
Source: www.bbc.co.uk
Category: children
Level of Support – Local Government Law
‘In R (C, T, M and U) v Southwark LBC (2016) EWCA Civ 707 the claimants challenged the lawfulness of the accommodation and the level of financial support provided by Southwark Council to a family who have no right of recourse to public funds.’
Local Government Law, 13th July 2016
Nurse accused of botching procedure is cleared of manslaughter – The Guardian
‘A nurse who was accused of botching the insertion of a feeding tube into a 10-year-old girl’s stomach has been cleared of the child’s manslaughter.’
The Guardian, 14th July 2016
Source: www.guardian.co.uk
Church of England apologises for abuses at Kent children’s home – The Guardian
‘The Church of England has offered a “whole-hearted apology” to hundreds of emotionally disturbed adolescent girls placed at a church-run children’s home where residents were drugged, locked up and physically and sexually abused over a 20-year period.’
The Guardian, 13th July 2016
Source: www.guardian.co.uk
NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily
‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘
WLR Daily, 16th June 2016
Source: www.iclr.co.uk
In re X (A Child) (Reporting Restrictions: Guidance) – WLR Daily
In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)
‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’
WLR Daily, 4th July 2016
Source: www.iclr.co.uk
Private tutors ‘must face criminal records checks’ – BBC News
‘All self-employed tutors should be legally required to have a criminal records check before they can offer private lessons to children in the UK, children’s charity the NSPCC says.’
BBC News, 13th July 2016
Source: www.bbc.co.uk
And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II – Family Law Week
‘Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.’
Family Law Week, 8th July 2016
Source: www.familylawweek.co.uk
The Disabled Child: State Provision of Care & Education, and the Implications for a Civil Claim – Byrom Street Chambers
‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’
Byrom Street Chambers, 14th June 2016
Source: www.byromstreet.com
Uncorroborated children’s allegations – procedure – Park Square Barristers
‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’
Park Square Barristers, 21st June 2016
Source: www.parksquarebarristers.co.uk
Surrogacy – Child Arrangement Orders – Park Square Barristers
‘This article summarises the recent landmark decision in Re Z (surrogacy agreements) (Child Arrangements Orders) [2016] EWFC 34 whereby the Court awarded full care of the child to the surrogate Mother.’
Park Square Barristers, 11th July 2016
Source: www.parksquarebarristers.co.uk
Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement
‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’
Free Movement, 7th July 2016
Source: www.freemovement.org.uk
Children guilty of sexual abuse should not be ‘unnecessarily criminalised’ – The Guardian
‘Children and young people should not be “unnecessarily criminalised” for displaying harmful sexual behaviour towards others, an inquiry backed by the charity Barnardo’s has concluded.’
The Guardian, 11th July 2016
Source: www.guardian.co.uk
Baby ashes scandal prompts new crematoria laws – BBC News
‘New crematoria rules are being drafted after families were denied their baby’s ashes, the government has said.’
BBC News, 7th July 2016
Source: www.bbc.co.uk
Boy left with brain injuries at birth receives £11m compensation – The Guardian
‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’
The Guardian, 6th July 2016
source: www.guardian.co.uk
A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily
A Local Authority v D and others [2016] EWHC 1438 (Fam)
‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
Alice Gross inquest finds schoolgirl was unlawfully killed – The Guardian
‘Alice Gross, the 14-year-old believed to have died at the hands of Arnis Zalkalns, a Latvian builder, in 2014, was unlawfully killed in a sexually motivated attack, an inquest jury has found.’
The Guardian, 4th July 2016
Source: www.guardian.co.uk
In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily
‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’
WLR Daily, 29th June 2015
Source: www.iclr.co.uk
Alice Gross: Evidence shows ‘police did not contribute to death’ – BBC News
‘The death of a girl suspected of being killed by a convicted murderer, was not contributed to by the actions of police, an inquest has heard.’
BBC News, 1st July 2016
Source: www.bbc.co.uk
