Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

The Use and Misuse of the Rubric in the Family Courts – Financial Remedies Journal

Posted January 12th, 2024 in anonymity, children, families, family courts, judgments, news, reporting restrictions by sally

‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’

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Financial Remedies Journal, 8th January 2024

Source: financialremediesjournal.com

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Almost half of family courts to allow reporting in England and Wales – BBC News

Posted January 12th, 2024 in anonymity, families, family courts, media, news, pilot schemes, reporting restrictions by sally

‘A pilot scheme to allow journalists and legal bloggers to report cases from three family courts in England and Wales is to be extended to almost half of the courts in the countries.’

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BBC News, 12th January 2024

Source: www.bbc.co.uk

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances – EIN Blog

Posted January 10th, 2024 in appeals, families, government departments, immigration, news by sally

‘The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing that his declared income in the UK could not have supported the amounts he claimed to have sent, and therefore they were not financially dependent on him.’

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EIN Blog, 10th January 2024

Source: www.ein.org.uk

Interim removal of children – Local Government Lawyer

Posted January 8th, 2024 in appeals, care orders, children, drug abuse, families, local government, news by sally

‘A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Revealed: police refusing requests for background checks on violent partners – The Guardian

Posted January 8th, 2024 in disclosure, domestic violence, families, news, police, statistics, violence by sally

‘Police in England and Wales are leaving people at risk of domestic abuse by refusing to release information on suspected violent partners, the Observer can reveal, with one force declining 95% of requests for checks.’

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The Guardian, 6th January 2024

Source: www.theguardian.com

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk

‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’

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12 King's Bench Walk, 22nd November 2023

Source: clinicalnegligence.blog

Applications for deprivation of liberty under MCA up by less than 1% compared to same quarter in 2022, but orders nearly double – Local Government Lawyer

‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’

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Local Government Lawyer, 4th January 2024

Source: www.localgovernmentlawyer.co.uk

Fathers Without PR – Where Do They Stand? Re S (A Child) [2023] Civ 706 – Pump Court Chambers

Posted January 3rd, 2024 in appeals, chambers articles, children, families, news, parental responsibility by sally

‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’

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Pump Court Chambers, 3rd November 2023

Source: www.pumpcourtchambers.com

How to lift the No Recourse to Public Funds condition – EIN Blog

‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’

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EIN Blog, 2nd January 2024

Source: www.ein.org.uk

Litigants-in-person in the Family Court – Devon Chambers

Posted December 20th, 2023 in chambers articles, families, family courts, litigants in person, news by sally

‘Legal aid can be difficult to obtain in private family law proceedings. Many parties now therefore choose to represent themselves.’

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Devon Chambers, 4th November 2023

Source: devonchambers.co.uk

Family Law Newsletter #02 – Spire Barristers

Posted December 20th, 2023 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Review of law on kinship – Law Commission

Posted December 19th, 2023 in carers, families, Law Commission, news by sally

‘If a child can’t live with their parents, they should ideally live with someone they already know and trust. This is called kinship care. The Law Commission will be carrying out a review into the legal framework for kinship carers. The project has been referred to us by the Department for Education who are seeking to ensure the legislative framework is fair, modern, and best meets the needs of some of the most vulnerable members of society.’

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Law Commission, 15th December 2023

Source: lawcom.gov.uk

Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian

‘Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.’

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The Guardian, 17th December 2023

Source: www.theguardian.com

Harry Dunn’s family says UK still allowing Americans to escape justice as US soldier flees after crash – The Independent

‘Harry Dunn’s family have warned that something has gone “very badly wrong” for another US citizen to have been able to evade justice in the UK after alleged involvement in a car crash.’

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The Independent, 14th December 2023

Source: www.independent.co.uk

Singleton Hospital maternity unit unsafe, says report – BBC News

Posted December 15th, 2023 in birth, children, families, hospitals, kidnapping, midwives, news by sally

‘A maternity unit has failed to meet safe staffing levels for four years and had insufficient measures to stop baby abductions, a report says. A regulator highlighted “significant patient safety concerns” at the unit at Singleton Hospital in Swansea.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Legal Implications of Doubling the Family Visa Income Requirement – EIN Blog

‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’

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EIN Blog, 12th December 2023

Source: www.ein.org.uk

Chief Coroner response to the Bishop James Jones report – Hillsborough – Courts and Tribunals Judiciary

Posted December 11th, 2023 in bereavement, coroners, families, inquests, news, sport by sally

‘His Honour Judge Thomas Teague KC, the Chief Coroner of England and Wales, has published his response to the Bishop James Jones report regarding the experiences of the Hillsborough Families. The response addresses parts of the report that relate to coroners and the recommendations that are associated with the coroner service.’

Full response

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Courts and Tribunals Judiciary, 6th December 2023

Source: www.judiciary.uk

Qualified legal representatives will now get expenses but Law Soc says fees ‘still too low’ – Law Society’s Gazette

‘The Law Society has welcomed the announcement that expenses will be added to the qualified legal representative (QLR) scheme in domestic abuse cases, but says fees are still too low.’

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Law Society's Gazette, 11th December 2023

Source: www.lawgazette.co.uk