‘A man who imprisoned his wife in their home and expected her to be a servant cannot be allowed to see his two daughters, senior judges have ruled.’
Full story
The Guardian, 11th December 2014
Source: www.guardian.co.uk
In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522
‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’
WLR Daily, 4th December 2014
Source: www.iclr.co.uk
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’
Family Law Week, 5th December 2014
Source: www.familylawweek.co.uk
‘Sections 114 to 122 of the Sexual Offences Act 2003 (SOA) introduced Foreign Travel Orders (FTO) to assist in the disruption of behaviour of those who sexually offend against children in extra jurisdictional territories. They are civil orders enabling the courts in certain circumstances to prohibit those convicted of the sexual abuse of children under 16 years of age, from travelling overseas, where there is evidence that they intend to cause serious sexual harm to children in a foreign country.’
One Inner Temple Lane, 19th November 2014
Source: www.1itl.com
‘A local authority’s power to provide services to children in need under section 17 of the Children Act 1989 was not limited to children who were physically present in the local authority’s area at the time when the services were provided but extended to the provision of services to children who, although physically present at the time of assessment as children in need, were outside the area at the time of provision.’
WLR Daily, 25th November 2014
Source: www.iclr.co.uk
‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
‘The system by which one local authority handling local government responsibilities could, under section 27 of the Children Act 1989 and with mandatory effect, request another authority to assist in relation to housing did not apply as between departments within the same local authority.’
WLR Daily, 7th November 2014
Source: www.iclr.co.uk
‘Over the last month Mr Justice Keehan has made a series of injunctions at the behest of Birmingham City Council designed to protect a vulnerable child in care from being groomed. It seems that the Orders are of such breadth that they are believed to have entered uncharted territory but there are questions whether there is any authority for this development.’
UK Human Rights Blog, 1st December 2014
Source: www.ukhumanrightsblog.com
‘Paul Bishop, an independent social worker and formerly a Children’s Guardian, draws on 20 years’ experience of interviewing children involved in family proceedings.’
Family Law Week, 28th November 2014
Source: www.familylawweek.co.uk
‘A “monster” father who pretended to dote on his four-month-old daughter but broke her neck and damaged her spine has been given a 17-year term.’
BBC News, 27th November 2014
Source: www.bbc.co.uk
‘The number of children in care has risen to its highest level for nearly 25 years following the death of Baby P and recent child sex exploitation scandals, the government’s spending watchdog has found.’
The Guardian, 27th November 2014
Source: www.guardian.co.uk
‘A county council has lost a Court of Appeal bid to overturn a ruling that the authority had the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside its borders.’
Local Government Lawyer, 25th November 2014
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has ruled that three men who are legally banned from approaching young girls following the alleged sexual exploitation of a child can be named following criticism that anonymity orders could harm the justice process.’
Daily Telegraph, 19th November 2014
Source: www.telegraph.co.uk
‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’
UK Human Rights Blog, 18th November 2014
Source: www.ukhumanrightsblog.com
‘A five-year-old rape victim who wrote to officers telling them they had let her down was failed by Essex Police, the force’s police and crime commissioner has said.’
BBC News, 18th November 2014
Source: www.bbc.co.uk
‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’
The Guardian, 18th November 2014
Source: www.guardian.co.uk
L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480
‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’
WLR Daily, 12th November 2014
Source: www.iclr.co.uk
Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472
‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
‘The principle pro rata temporis applied to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement pursuant to clause 4.2 of the Framework Agreement on part-time work.’
WLR Daily, 5th November 2014
Source: www.iclr.co.uk
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