Police to reform approach to search warrants following backlash to failed Operation Midland paedophile investigation – The Independent

‘Police are overhauling the way they handle search warrants following the botched Operation Midland investigation into what was wrongly thought to be a Westminster paedophile ring.’

Full Story

The Independent, 6th March 2020

Source: www.independent.co.uk

Victims given right to challenge attackers’ release from prison in new code – The Independent

‘Victims of violent and sexual offences are being given the automatic right to challenge their attackers’ release and apply for restrictions to protect themselves.’

Full Story

The Independent, 5th March 2020

Source: www.independent.co.uk

Civil Justice Council proposes rule changes to ensure consideration of vulnerability of people in civil proceedings – Local Government Lawyer

‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’

Full Story

Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Financial Remedies Courts – Law Society’s Gazette

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

Full Story

Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Rules urgently needed to oversee police use of data and AI – report – The Guardian

‘National guidance is urgently needed to oversee the police’s use of data-driven technology amid concerns that it could lead to discrimination, a report has said.’

Full Story

The Guardian, 23rd February 2020

Source: www.theguardian.com

Lawyers urged to use the law to fight climate change – Legal Futures

‘An independent collaboration of lawyers, calling itself the Chancery Lane Project, is to publish a set of model laws and contract clauses later this month to help the profession around the world fight climate change.’

Full Story

Legal Futures, 20th February 2020

Source: www.legalfutures.co.uk

Mediation: untangling knotty problems – Counsel

Posted February 21st, 2020 in barristers, civil justice, codes of practice, dispute resolution, news by sally

‘What’s the most voiced complaint about litigators, the Bar in particular, going into mediation? Some best practice points emerged from the recent Civil Mediation Council Conference – writes Rawdon Crozier.’

Full Story

Counsel, February 2020

Source: www.counselmagazine.co.uk

Housing Ombudsman issues guidance for landlords on responding to complaints – Local Government Lawyer

‘The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.’

Full Story

Local Government Lawyer, 12th February 2020

Source: www.localgovernmentlawyer.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

Full Story

Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

Full Story

Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

Rogue surgeon report does not pretend there are easy answers – The Guardian

‘Report makes some sensible recommendations but critics say it could have gone further.’

Full report

Full Story

The Guardian, 4th February 2020

Source: www.theguardian.com

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

Full Story

Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

Full Story

Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

Full Story

Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

Full Story

Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

New ‘transformational’ code to protect children’s privacy online – BBC News

Posted January 22nd, 2020 in children, codes of practice, families, internet, news, privacy, suicide by sally

‘Social media sites, online games and streaming services used by children will have to abide by a new privacy code set by the UK’s data watchdog.’

Full Story

BBC News, 22nd January 2020

Source: www.bbc.co.uk

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019) – Becket Chambers

‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’

Full Story

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Sikhs, beards and “hygiene”: Sethi – Law & Religion UK

‘In Mr R Sethi v Elements Personnel Services Ltd [2019] ET 2300234/2018, the Claimant, a practising but unbaptised Sikh, applied for a job with the Respondent: a specialist agency providing temporary staff for the hospitality industry, mainly at five-star hotels. He attended an induction course at which he was asked to sign various documents including the Respondent’s standard Contract for Agency Workers, which included the Respondent’s Code of Conduct. The Code provided, înter alia, that “No beards or goatees are allowed”. He explained that he would not be able to shave off his beard for religious reasons.’

Full Story

Law & Religion UK, 15th January 2020

Source: www.lawandreligionuk.com

Pub ‘banter’ and social media posts can be sexual harassment, equality watchdog warns bosses – Daily Telegraph

‘Businesses must train their staff that pub “banter” and social media posts can amount to sexual harassment, the equality watchdog has warned in a letter to all major firms.’

Full Story

Daily Telegraph, 14th January 2020

Source: www.telegraph.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

Full Story

Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk