More children to be removed from biological parents and placed for adoption under ‘urgent’ new rules – The Independent

Posted January 14th, 2016 in adoption, care orders, children, news by sally

‘More children will be removed from their biological parents and placed for adoption, under “urgent” new rules to be announced by ministers.’

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The Independent, 14th January 2016

Source: www.independent.co.uk

Re N – Transfer of proceedings – When to make an application under Article 15 – Park Square Barristers

Posted January 13th, 2016 in children, jurisdiction, news, transfer of proceedings by sally

‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’

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Park Square Barristers, 6th January 2016

Source: www.parksquarebarristers.co.uk

Anatomy of an Impossible Trial for Child Exploitation – 6 Pump Court

Posted January 13th, 2016 in children, evidence, news, prostitution, sexual offences, witnesses by sally

‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.

The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.

Reforms are now proposed in relation to the investigation and trial process in this type of case.

The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’

Full story(Word)

6 Pump Court, 12th January 2016

Source: www.6pumpcourt.co.uk

Family judge criticised for not naming council that breached father’s rights – The Guardian

‘A family court judge has come under fire after refusing to name a council that violated a man’s parental rights by taking his four-year-old daughter into care without a proper investigation.’

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The Guardian, 10th January 2016

Source: www.guardian.co.uk

Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

St William’s Catholic care home child sex abusers jailed – BBC News

‘A former chaplain and ex-principal of a Roman Catholic children’s care home have been jailed for abusing boys.’

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BBC News, 5th January 2016

Source: www.bbc.co.uk

Children: Private Law Update (December 2015) – Family Law week

Posted December 17th, 2015 in children, news, parental responsibility, surrogacy by sally

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law week, 16th December 2015

Source: www.familylawweek.co.uk

Domestic Violence and Care Proceedings: Re-victimising the Victim? – Family Law Week

Posted December 15th, 2015 in care orders, children, domestic violence, news, victims by sally

‘Rebekah Wilson, barrister, of Garden Court Chambers examines the plight of victims of domestic violence who find themselves caught up in care proceedings.’

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Family Law Week, 11th December 2015

Source: www.familylawweek.co.uk

Jack Adcock death: Doctor and nurse get suspended sentences for manslaughter – BBC News

‘A doctor and an agency nurse who “seriously neglected” a six-year-old boy who died in hospital have been sentenced for his manslaughter.’

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BBC News, 14th December 2015

Source: www.bbc.co.uk

Lords reject attempt to lower EU referendum voting age to 16 – The Guardian

Posted December 15th, 2015 in children, elections, news, parliament, referendums by sally

‘Sixteen- and 17-year-olds will not be given the vote in the the planned EU referendum, after peers succumbed to a government demand and voted to reject an extension of the franchise.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

Explicit sex ads were ‘irresponsibly placed’ in children’s smartphone app – The Guardian

Posted December 9th, 2015 in advertising, children, complaints, computer programs, news, telecommunications by sally

‘A company promoting sexual liaisons using pictures of a naked woman has been reprimanded for running ads in a children’s smartphone game.’

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The Guardian, 9th December 2015

Source: www.guardian.co.uk

Austerity and Public Law: Alexander Latham: Defending Rights in the Face of Austerity: Is the Supreme Court Calling Time on Social Housing Managerialism? – UK Constitutional Law Association

‘In cases involving social housing, English courts have traditionally taken what we might call a “managerial” approach: their starting-point for analysis has not been the tenant or applicant for housing as a rights-holder, but the need of local authorities to distribute their scarce resources effectively. In Burrows v Brent LBC [1996] 1 WLR 1448, for example, where a tenant who was permitted to remain after a possession order was held not to have been impliedly granted a new tenancy, Lord Browne-Wilkinson said that “housing authorities try to conduct their housing functions as humane and reasonable landlords” (at 1455). The tenant might be forgiven for wondering why this should count against him, but clearly the implication is that as ‘humane and reasonable landlords’ local authorities should be left to manage their housing stock with as little interference from the courts as possible. More recently this attitude led to the courts’ extreme reluctance to enable a public sector tenant to rely on article 8 ECHR in possession proceedings. When the Supreme Court finally acceded to pressure from Strasbourg, it nevertheless drew the teeth from the human rights defence by agreeing with the Secretary of State’s submission that “a local authority’s aim in wanting possession should be a ‘given’ ” (Manchester CC v Pinnock [2011] UKSC 6, per Lord Neuberger at [53]), so that “there will be no need, in the overwhelming majority of cases, for the local authority to explain and justify its reasons for seeking a possession order” (Hounslow LBC v Powell [2011] UKSC 8, per Lord Hope at [37]). The local authority is simply assumed to be acting in a way which benefits the general welfare; this assumption is then taken to justify the effect of its actions on individuals in all but the most extreme of cases.’

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UK Constitutional Law Association, 9th December 2015

Source: www.ukconstitutionallaw.org

Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

Semelia Campbell: Company fined £50,000 after six-year-old girl killed by automated gate – The Independent

Posted December 8th, 2015 in children, corporate manslaughter, fines, health & safety, news by sally

‘A company has been fined £50,000 after a six-year-old girl died when she became trapped in an automated gate outside her new home.’

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The Independent, 7th December 2015

Source: www.independent.co.uk

Stopping jailed fathers seeing their children is a political gimmick – The Guardian

Posted December 7th, 2015 in charities, children, families, news, prisons, statistics by sally

‘Prisons should nurture family relationships, but the government’s IEP scheme makes it difficult for male prisoners to maintain contact. It must be changed.’

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The Guardian, 4th December 2015

Source: www.guardian.co.uk

Children denied visits to fathers in jail after rule changes – charity – The Guardian

Posted December 4th, 2015 in children, families, news, prisons, punishment by sally

‘Thousands of children are being denied visiting rights to see their fathers in prison because of changes to the prison discipline system, according to a report. The report, Locked Out, by the children’s charity Barnardo’s, says 17,000 children a month visit a parent in prison, and changes to the incentives and earned privileges (IEP) scheme mean that prison visits are being used as a way to enforce discipline.’

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The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Questioning the Use of Section 20 – Family Law Week

Posted December 3rd, 2015 in care orders, children, news, parental responsibility, social services by sally

‘Judith Masson, Professor of Socio-legal Studies at the University of Bristol, considers section 20 of the Children Act 1989 within its broader historic, legal and practice context.’

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Family Law Week, 26th November 2015

Source: www.familylawweek.co.uk

Children should not get criminal records for ‘trivial’ offences such as sexting and fighting, MPs say – The Independent

Posted November 30th, 2015 in children, criminal records, indecent photographs of children, news, police by sally

‘Children should not receive criminal records for “trivial” misdemeanors such as sexting and fighting, a committee of MPs has urged.’

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The Independent, 29th November 2015

Source: www.independent.co.uk

Mother spared jail for dangling child out of window in ‘Michael Jackson moment’ – Daily Telegraph

Posted November 30th, 2015 in children, news, sentencing, suspended sentences by sally

‘Incident echoes infamous moment the late Prince of Pop dangled his second son “Blanket” from a balcony of the Hotel Adlon in Berlin in 2002.’

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Daily Telegraph, 27th November 2015

Source: www.telegraph.co.uk

Damages awarded in ‘sexting’ case for the first time – BBC News

‘Damages for “sexting” have been awarded for the first time, the BBC has learnt.’

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BBC News, 30th November 2015

Source: www.bbc.co.uk