Shaw Review into the welfare in detention of vulnerable persons published: summary

Posted January 15th, 2016 in detention, families, human rights, immigration, mental health, news by sally

‘The review by Stephen Shaw into the welfare in immigration detention of vulnerable persons has been published today. The Government has responded stating that it “accepts the broad thrust of his recommendations” and that the Home Office expects its reforms reduce the number of those detained reduce and the duration of detention before removal.’

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Free Movement, 14th January 2016

Source: www.freemovement.org.uk

Massive increase in family immigration fees for 2016-17 – Free Movement

Posted January 12th, 2016 in families, fees, immigration, news, visas by sally

‘The Home Office is proposing a massive 25% increase in already high immigration application fees for families for the year 2016-17. Family and spouse visas will in future cost £1,195. The maximum chargable for these applications will be increased from £2,141 to £3,250. The fee for a settlement application will increase to £1,875 and to £2,676 for Adult Dependant Relatives.’

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Free Movement, 12th January 2016

Source: www.freemovement.org.uk

Woman in 30-year feud with daughter over dog called Fluffy wins legal fight to force her out of £1m flat – Daily Telegraph

Posted January 12th, 2016 in families, housing, news, repossession by sally

‘Judge condemns Caroline Hermsen as liar after she wrongly accused mother of getting her arrested over dog as he rules she can kick her out of home.’

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Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.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

Sgt Alexander Blackman’s wife ‘cautiously optimistic’ of new appeal – Daily Telegraph

‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’

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Daily Telegraph, 16th December 2015

Source: www.telegraph.co.uk

When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

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Free Movement, 14th December 2015

Source: www.freemovement.org.uk

Mother of murdered son calls for jail time for all knife crimes – BBC News

‘The mother of a young man who was stabbed to death in west London has pleaded with judges to impose jail terms on anyone caught with a knife.’

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BBC News, 11th December 2015

Source: www.bbc.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

Refusal of citizenship to wife and children of Islamist extremist declared unlawful – Free Movement

Posted December 8th, 2015 in citizenship, families, good character, news by sally

‘The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist on good character grounds. The refusal was justified by the Home Office as punishment by proxy which would have the effect of deterring other extremists. The High Court has declared that unlawful in the case of MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin).’

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Free Movement, 8th December 2015

Source: www.freemovement.org.uk

Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.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

Family of hate preacher linked to ‘Jihadi John’ win right to UK citizenship – Daily Telegraph

‘Hani al-Sibai has been on a terror sanctions list since 2005 and resisted deportation to his native Egypt for almost 20 years – but the High Court has ruled his family should be given UK citizenship.’

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Daily Telegraph, 5th December 2015

Source: www.telegraph.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

Islamist extremist’s wife and children win citizenship battle – BBC News

Posted December 4th, 2015 in citizenship, families, news, terrorism by sally

‘The wife and children of an Islamist extremist linked to al-Qaeda have won a legal battle against the Home Secretary’s refusal to grant them UK citizenship.’

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BBC News, 3rd December 2015

Source: www.bbc.co.uk

Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

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Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

Woman jailed for trying to kill husband with anti-freeze in Christmas Day drink – BBC News

Posted November 24th, 2015 in attempted murder, attempts, families, murder, news, poisoning, sentencing by sally

‘A woman who tried to murder her husband on Christmas Day by lacing his cherry Lambrini with anti-freeze has been jailed for 15 years.’

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BBC News, 23rd November 2015

Source: www.bbc.co.uk

Up to 85% of child abuse in England remains undetected, study says – The Guardian

Posted November 24th, 2015 in child abuse, families, internet, news, reports, sexual offences by sally

‘Urgent action is needed to identify and prevent child abuse according to a major new study that suggests only one in eight victims in England comes to the attention of authorities.’
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The Guardian, 24th November 2015

Source: www.guardian.co.uk

Father jailed for tipper truck crash that killed son on his 12th birthday – The Guardian

‘A tipper truck driver has been jailed for five-and-half years after the lorry he was driving rolled, killing his son.’

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The Guardian, 20th November 2015

Source: www.guardian.co.uk

Best interests, hard choices: The Baby C case – UK Human Rights Blog

‘Judgments in best interests cases involving children often make for heart-wrenching reading. And so it was in Bolton NHS Foundation Trust v C (by her Children’s Guardian) [2015] EWHC 2920 (Fam), a case which considered Royal College of Paediatrics and Child Health guidance, affirming its approach was in conformity with Article 2 and Article 3 ECHR. It also described, in the clearest terms, the terrible challenges facing C’s treating clinicians and her parents.’

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UK Human Rights Blog, 19th November 2015

Source: www.ukhumanrightsblog.com