How not to conduct a placement application (part 2) – Local Government Lawyer

Posted August 13th, 2021 in adoption, appeals, children, families, local government, news, placement orders by tracey

‘Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

The resolutions approach: misunderstood and under-used – Family Law Week

‘Patrick Gilmore, barrister of Deans Court Chambers, describes how the resolutions approach might assist cases in which a parent denies the harm caused to a child.’

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Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Rebalancing the Family Justice System – Family Law Week

Posted August 11th, 2021 in child abuse, children, domestic violence, families, family courts, news by tracey

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris, challenges three precepts of the Family Justice System.’

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Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Verphy Kudi: Mother jailed for leaving toddler alone for days to starve to death – The Independent

‘The teenage mother who left her 20-month-old daughter to starve to death while she partied in London and Coventry has been jailed for nine years.’

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The Independent, 7th August 2021

Source: www.independent.co.uk

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Outcry over plan to deport Jamaican nationals who came to UK as children – The Guardian

‘Preparations are being made for the deportation of a number of Jamaican nationals who came to the UK as children, in an apparent reversal of an earlier agreement not to deport people who arrived in this country as minors. A charter flight to Jamaica is scheduled for 11 August, returning several dozen people whose criminal convictions have triggered deportation orders. However, campaigners have protested that it is unreasonable to remove people who have spent a lifetime in the UK to a country where they have no ties.’

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The Guardian, 5th August 2021

Source: www.theguardian.com

Judge raps NHS England and mental health trusts over failure to provide medium secure bed for 15-year-old girl – Local Government Lawyer

‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’

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Local Government Lawyer, 4th August 2021

Source: www.localgovernmentlawyer.co.uk

Alta Fixsler: European court says UK hospital can withdraw life support – The Guardian

‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’

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The Guardian, 4th August 2021

Source: www.theguardian.com

Ben Breakwell: Music teacher convicted over sex with teenage students – BBC News

‘A music teacher who had sex with two girls aged 13 and 14 has been convicted of 32 sexual offences.’

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BBC News, 3rd August 2021

Source: www.bbc.co.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

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Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – EIN Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

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EIN Blog, 2nd August 2021

Source: www.ein.org.uk

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – UKSC Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

New Judgment: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Harrison Ballantyne: WH Malcolm Limited fined £6.5m over death – BBC News

‘A company has been fined £6.5m after an 11-year-old boy was electrocuted at a rail depot, a regulator said.’

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BBC News, 1st August 2021

Source: www.bbc.co.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com