Kent NHS trust made failures in care of six-year-old girl, inquest finds – The Guardian

‘An inquest into the death of a six-year-old girl has concluded an NHS hospital trust made a number of failures in her care before she died.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Family President issues guidance on urgent and out of hours applications to High Court Family Division – Local Government Lawyer

Posted May 17th, 2024 in families, family courts, judges, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers

Posted May 15th, 2024 in chambers articles, costs, dispute resolution, families, family courts, news by sally

‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’

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Park Square Barristers, 3rd April 2024

Source: www.parksquarebarristers.co.uk

What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy

‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’

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Mental Capacity Law and Policy, 14th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Homelessness and human rights – Law Society’s Gazette

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

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Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

A seismic change in ethos and practice – Family Law

Posted May 13th, 2024 in dispute resolution, families, family courts, news by tracey

‘Caroline Bowden, a member of the Private Family Law Early Resolution Working Group which first examined what changes were needed, looks at the effect of the revised rules on everyone working in family law, both in and out of court.’

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Family Law, 10th May 2024

Source: www.familylaw.co.uk

Juror who researched law on child neglect gets suspended sentence – Law Society’s Gazette

‘A juror who researched the law on child neglect to hold her own amid “personality clashes” in the jury room has been spared prison.’

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Law Society's Gazette, 10th May 2024

Source: www.lawgazette.co.uk

‘We’re not allowed to bring our baby from Ukraine’: Refugees refused after sudden UK rule change – The Independent

‘A Ukrainian refugee couple who fled to the UK have been refused permission for their two-year-old daughter to join them after the government suddenly changed its sponsorship rules, The Independent can reveal.’

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The Independent, 12th May 2024

Source: www.independent.co.uk

Child refugees using people smugglers to reach family in UK, report warns – The Guardian

‘Child refugees are using people smugglers to cross the Channel in small boats to reunite with parents and other close relatives because delays in government family reunion processes are leaving them stranded in danger, according to a report.’

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The Guardian, 13th May 2024

Source: www.theguardian.com

Diverse minds, Diverse decisions: How is neurodiversity considered in the Family Justice System? – Kingsley Napley Family Law Blog

Posted May 9th, 2024 in autism, children, families, family courts, news by sally

‘Amidst the growing awareness and understanding of neurodiversity in the UK, there has been a notable surge in adults and children being diagnosed with conditions like autism and attention deficit/hyperactivity disorder (ADHD) in particular. It is estimated that around 1 in 7 people in the UK are neurodivergent. This cultural shift has left parents and families navigating the family justice system increasingly curious about how their, their spouse or their child’s neurodiversity will factor into the court’s decision-making process. This blog will address if and how the family justice system accounts for a parent or child’s neurodiversity in children proceedings and financial remedy proceedings.’

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Kingsley Napley Family Law Blog, 8th May 2024

Source: www.kingsleynapley.co.uk

Honour based abuse: perspectives and challenges – Local Government Lawyer

‘Imran Khodabocus looks at some of the common misconceptions that surround honour based abuse and discusses why a legal definition is long overdue.’

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Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds judge fell into errors of principle when making finding of ‘inflicted injuries’ – Local Government Lawyer

Posted May 7th, 2024 in care orders, child abuse, evidence, families, judges, mistake, news by tracey

‘The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.’

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Local Government Lawyer, 2nd May 2024

Source: www.localgovernmentlawyer.co.uk

Research Briefing: An overview of child protection legislation in England – House of Commons Library

Posted May 7th, 2024 in children, families, news, parental responsibility, social services by tracey

‘A broad overview of the legislative framework for child protection and child safeguarding in England.’

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House of Commons Library , 3rd May 2024

Source: commonslibrary.parliament.uk

Family Law Newsletter – Spire Barristers

Posted May 3rd, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – April 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 22nd April 2024

Source: www.spirebarristers.co.uk

Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette

Posted April 30th, 2024 in dispute resolution, families, family courts, news, regulations by tracey

‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’

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Law Society's Gazette, 29th April 2024

Source: www.lawgazette.co.uk

Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

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The Independent, 28th April 2024

Source: www.independent.co.uk

Law Society calls for civil legal aid increase over unrepresented parties in family court – Law Society’s Gazette

Posted April 26th, 2024 in families, family courts, fees, Law Society, legal aid, legal representation, news by sally

‘The Law Society today expressed its ‘extreme concern’ over the increased number of litigants in person in private family law cases in the decade since the Legal Aid, Sentencing and Punishment of Offenders Act came in to force.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Termination of pregnancy and wishes and feelings in the Court of Protection – UK Human Rights Blog

Posted April 26th, 2024 in abortion, Court of Protection, families, hospitals, mental health, news, pregnancy by sally

‘The decision of the Court of Protection in Rotherham and Doncaster and South Humber NHS Foundation Trust and NR [2024] EWCOP 17 is the latest in a line of cases where the Court has been asked to determine whether a termination of pregnancy is in a woman’s best interests. Any case about a termination engages the pregnant woman’s Article 8 rights. But where the woman also lacks capacity to decide for herself whether to have a termination, there must be a particularly careful analysis to ensure that her rights are respected. While previous decisions have frequently accorded weight to the wishes and feelings of the pregnant woman at the heart of the case, Mr Justice Hayden’s decision goes further in handing the decision over to the pregnant woman herself.’

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UK Human Rights Blog, 25th April 2024

Source: ukhumanrightsblog.com

UK policy denying visas to children of care workers faces legal challenge – The Guardian

‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’

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The Guardian, 26th April 2024

Source: www.theguardian.com

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk