The fictional kingdom of couple who buried son in garden – BBC News

‘Abiyah died in 2020 following a respiratory infection. This was not the full extent of his poor health. He was in a severely malnourished state and suffered with a list of other problems. Only when his body was exhumed by police in 2022 did the scale of his parents’ neglect emerge.’

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BBC News, 5th December 2024

Source: www.bbc.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal

‘What happens if the Child Maintenance Service (CMS) has determined that a non-resident parent (NRP) is required to pay child maintenance to the parent-with-care (PWC), but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children (QC)? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?’

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Financial Remedies Journal, 29th November 2024

Source: financialremediesjournal.com

Shared parental leave ‘failing working families’ – BBC News

Posted December 2nd, 2024 in children, employment, equality, families, maternity leave, news, paternity leave by tracey

‘A decade on from the introduction of a landmark scheme aimed at helping new parents share childcare, campaigners say shared parental leave is failing the working families it was designed to help.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Mother of child hidden in drawer from birth jailed – BBC News

Posted November 27th, 2024 in child cruelty, child neglect, children, families, imprisonment, news, sentencing by sally

‘A mother who kept her baby daughter hidden in a drawer for the first three years of her life has been jailed for seven years and six months for “extreme neglect”.’

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BBC News, 26th November 2024

Source: www.bbc.co.uk

The case for FDAC: a speech by Lord Justice Peter Jackson – Courts & Tribunals Judiciary

Posted November 25th, 2024 in alcohol abuse, alcoholism, children, drug abuse, families, judges, news, speeches by tracey

‘The following speech was given by Lord Peter Jackson to the Family Drug and Alcohol Court Judges Conference at Inner Temple in London on 22 December 2024.’

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Courts & Tribunals Judiciary, 22nd November 2024

Source: www.judiciary.uk

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

Injuries and Part 25 experts – Local Government Lawyer

‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Children case law update: November 2024 – Local Government Lawyer

‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Lessons from Lieven J – Local Government Lawyer

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court upholds LeO’s decision to dismiss complaint – Legal Futures

Posted November 18th, 2024 in barristers, complaints, executors, families, news, ombudsmen by tracey

‘The Legal Ombudsman (LeO) was right to dismiss a complaint it thought better suited to be determined in court, a judge has ruled.’

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Legal Futures, 18th November 2024

Source: www.legalfutures.co.uk

The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction – Financial Remedies Journal

Posted November 18th, 2024 in domicile, families, jurisdiction, news, taxation by tracey

‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’

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Financial Remedies Journal, 11th November 2024

Source: financialremediesjournal.com

What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal

Posted November 18th, 2024 in families, family courts, interpretation, legal profession, news, telecommunications by tracey

‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’

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Financial Remedies Journal, 15th November 2024

Source: financialremediesjournal.com

Girl and mum awarded £14k over education failures – BBC News

‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’

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BBC News, 18th November 2024

Source: www.bbc.co.uk

Husband who stabbed wife as she soothed baby jailed – BBC News

Posted November 18th, 2024 in attempted murder, domestic violence, families, imprisonment, news, sentencing by tracey

‘A former councillor has been sentenced to 18 years in prison after stabbing his wife three times while she soothed their baby.’

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BBC News, 15th November 2024

Source: www.bbc.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy

‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’

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Mental Capacity Law and Policy, 13th November 2024

Source: www.mentalcapacitylawandpolicy.org.uk