Category: families

Controversial Suspected Inflicted Head Injuries pilot launched: Lawyers raise concern about lack of consultation and potential unfairness – Transparency Project

Posted June 28th, 2024 in accidents, child cruelty, child neglect, children, consultations, cross-examination, families, family courts, news, pilot schemes by sally

‘When a child suffers a head injury which medical professionals suspect may be inflicted, safeguarding processes are triggered, often leading to care proceedings and the removal of the child from the care of their parents, usuall y for many months and sometimes forever.’

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Transparency Project, 27th June 2024

Source: transparencyproject.org.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

Posted June 28th, 2024 in appeals, autism, children, disabled persons, education, families, local government, news, school children, special educational needs, tribunals, young persons by sally

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Constance Marten and Mark Gordon found guilty of two charges – The Guardian

Posted June 27th, 2024 in birth, causing death of children or vulnerable adults, children, families, homicide, juries, negligence, news, perverting the course of justice, retrials by sally

‘Constance Marten and her partner, Mark Gordon, have been found guilty of concealing the birth of a child and perverting the course of justice after the body of their baby daughter was found following a high-profile search, it can now be reported.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

The tricky task of making a Child Arrangements Order: directive or undefined? (and how to seek clarification from the judge?) – Transparency Project

Posted June 27th, 2024 in child arrangements orders, families, holidays, news by sally

‘This appeal case sheds light on the “bread and butter” work of private children law proceedings. The court and the lawyers are tasked with trying to negotiate, determine and then capture in writing the child arrangements between two parents who cannot, or will not, work together. Emotions are high and every detail feels high stakes.’

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Transparency Project, 26th June 2024

Source: transparencyproject.org.uk

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

Posted June 26th, 2024 in appeals, care orders, children, civil procedure rules, families, family courts, habeas corpus, judges, local government, news, placement orders by sally

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Different treatment for other boroughs – discriminatory policy – Nearly Legal

Posted June 24th, 2024 in child abuse, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, women by tracey

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by tracey

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

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Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

MoD failed soldier killed in training, family say – BBC News

Posted June 24th, 2024 in armed forces, bereavement, families, government departments, inquests, news by tracey

‘The Ministry of Defence failed a soldier killed in a crash during a training exercise, his family have said.’

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BBC News, 22nd June 2024

Source: www.bbc.co.uk

Stephen Lawrence detectives will not face charges – BBC News

Posted June 19th, 2024 in bereavement, criminal justice, Crown Prosecution Service, families, murder, news, police, professional conduct, racism by sally

‘Four retired detectives who ran the first Stephen Lawrence murder investigation should not face criminal charges for their actions in the case, a review has concluded.’

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BBC News, 18th June 2024

Source: www.bbc.co.uk

AI in the family justice system: report published by Nuffield Family Justice Observatory – Family Law

Posted June 17th, 2024 in artificial intelligence, families, family courts, news by tracey

‘The Nuffield Family Justice Observatory has published a briefing paper to prompt discussion and reflection about how artificial intelligence (AI) could potentially improve experiences for families and professionals using or involved with the family justice system. It also outlines the challenges and risks involved, and the governance required for safe usage.’

Full briefing paper

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Family Law, 11th June 2024

Source: www.familylaw.co.uk

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

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Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

Stephen Lawrence: Met’s decision to stop looking for killers to be reviewed – The Guardian

Posted June 17th, 2024 in bereavement, families, murder, news, police by tracey

‘The Met police’s decision to shut down the hunt for the racist killers of Stephen Lawrence is to be reviewed, with police admitting “serious mistakes” are still being made in the case, the Guardian has learned.’

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The Guardian, 16th June 2024

Source: www.theguardian.com

Home Office’s failure to collect and monitor data on asylum accommodation for pregnant and new mothers held to be unlawful – Landmark Chambers

Posted June 14th, 2024 in asylum, birth, chambers articles, children, equality, families, government departments, housing, human rights, immigration, news, pregnancy, statistics, women by sally

‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk

Coroner criticises US government for lack of training given to Anne Sacoolas prior to Harry Dunn crash – The Independent

Posted June 14th, 2024 in accidents, bereavement, careless driving, coroners, diplomats, families, government departments, homicide, inquests, inquiries, news, road safety, roads, suspended sentences by sally

‘A coroner has criticised the US government for a lack of training provided to its employee Anne Sacoolas before the crash that killed Harry Dunn.’

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The Independent, 13th June 2024

Source: www.independent.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

Posted June 14th, 2024 in adoption, care orders, children, families, learning difficulties, local government, news, statistics by sally

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

What happens when Child Maintenance is not enough? – Becket Chambers

Posted June 12th, 2024 in chambers articles, child support, children, families, family courts, financial provision, news, remuneration by sally

‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’

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Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers

Posted June 12th, 2024 in chambers articles, divorce, families, family courts, financial dispute resolution, news by sally

I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’

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Becket Chambers, 28th May 2024

Source: becket-chambers.co.uk

Contact in Domestic Abuse Cases – Becket Chambers

Posted June 12th, 2024 in appeals, chambers articles, children, coercive & controlling behaviour, domestic violence, families, mental health, news by sally

‘This short article focuses upon the Court of Appeal’s recent decision in the case of Re H (A Child: Domestic Abuse) 2024 EWCA Civ 326 in which it considered the father’s appeal against a child arrangements order under which he was to have no face to face contact with his 3 year old son for an indefinite period of time.’

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Becket Chambers, 7th May 2024

Source: becket-chambers.co.uk