Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

Full Story

Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

Man who stabbed ‘hugely popular’ Islington flower seller jailed for life – The Independent

Posted August 25th, 2023 in families, imprisonment, murder, news, sentencing by sally

‘A popular flower seller was killed in a “needless and senseless” attack by his late girlfriend’s son who has been jailed for life with a minimum term of 20 years.’

Full Story

The Independent, 24th August 2023

Source: www.independent.co.uk

Families sue government for failing to protect care homes from Covid – BBC News

Posted August 25th, 2023 in bereavement, care homes, damages, families, government departments, hospitals, news by sally

‘Thirty families are starting legal action against the government, care homes and several hospitals in England over the deaths of their relatives in the early days of the Covid pandemic.’

Full Story

BBC News, 25th August 2023

Source: www.bbc.co.uk

Boots infant formula adverts broke rules – watchdog – BBC News

Posted August 23rd, 2023 in advertising, breastfeeding, children, complaints, families, news, ombudsmen by sally

‘Online adverts for the retailer Boots promoting four brands of infant formula on Google broke advertising rules, the watchdog has said.’

Full Story

BBC News, 23rd August 2023

Source: www.bbc.co.uk

Jacob Crouch: Sentence review for stepfather who murdered baby – BBC News

‘A man jailed for at least 28 years for murdering his 10-month-old stepson could see his sentence increased.’

Full Story

BBC News, 22nd August 2023

Source: www.bbc.co.uk

Lucy Letby: How could the NHS stop a future killer within? – BBC News

‘Nearly a quarter of a century before Lucy Letby began attacking babies on a neonatal unit, another hospital experienced similarly sudden and unexpected losses.’

Full Story

BBC News, 21st August 2023

Source: www.bbc.co.uk

Ministers ‘dragging feet’ on forcing killers to court as Lucy Letby to skip sentencing – The Independent

‘Ministers have been accused of “dragging their feet” over laws to force killers into the dock as Lucy Letby refuses to appear in court for her sentencing.’

Full Story

The Independent, 21st August 2023

Source: www.independent.co.uk

Lucy Letby trial: why the babies remain anonymous – The Guardian

‘The trial of Lucy Letby was conducted amid levels of press secrecy for victims and witnesses rarely seen outside proceedings involving matters of national security.’

Full Story

The Guardian, 18th August 2023

Source: www.theguardian.com

Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal

Posted August 14th, 2023 in appeals, children, education, families, homelessness, housing, local government, news by sally

‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’

Full Story

Nearly legal, 13th August 2023

Source: nearlylegal.co.uk

Court of Appeal rules on “hot potato” issue of decision between care order, supervision order or no order when child placed at home – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and made supervision orders in place of care orders for all three of her children, who are placed at home.’

Full Story

Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

Mum of Nikki Allan to sue Northumbria Police – BBC News

Posted August 9th, 2023 in bereavement, children, compensation, criminal justice, delay, DNA, families, murder, news, police by sally

‘The mother of a girl murdered in 1992 says she is taking legal action against a police force over her 30-year wait for justice.’

Full Story

BBC News, 9th August 2023

Source: www.bbc.co.uk

Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption – Local Government Lawyer

Posted August 3rd, 2023 in adoption, families, Islam, news, notification, placement orders by sally

‘A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption.’

Full Story

Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR

‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’

Full Story

QMLR, 18th July 2023

Source: 1corqmlr.com

Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children – Garden Court Chambers

‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’

Full Story

Garden Court Chambers, 31st July 2023

Source: www.gardencourtchambers.co.uk

Court delays leave tens of thousands of children in limbo after parents split – The Guardian

‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’

Full Story

The Guardian, 1st August 2023

Source: www.theguardian.com

David Lloyd Leisure fined £2.5m over death of three-year-old boy in Leeds – The Guardian

‘One of Britain’s biggest gym and leisure chains has been fined more than £2.5m after a three-year-old boy drowned in one of its swimming pools.’

Full Story

The Guardian, 1st August 2023

Source: www.theguardian.com

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

Full Story

Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

‘Excluded from justice’: court prevents family of victim from addressing assailant – The Guardian

‘The brother of a man who died after being assaulted in his own home has said he has been “excluded from justice” after magistrates barred him from court on the grounds that his presence would put the teenage attacker under “undue stress”.’

Full Story

The Guardian, 30th July 2023

Source: www.theguardian.com

NHS midwife sacked for claiming terrorists could poison baby milk – BBC News

‘A midwife who told a patient that terrorists could contaminate milk formula to “kill the babies” has been struck off.’

Full Story

BBC News, 30th July 2023

Source: www.bbc.co.uk

Ava Mae Collard: Parents jailed for causing baby girl’s death – BBC News

‘A mum and dad who caused the death of their five-month-old baby girl have been jailed.’

Full Story

BBC News, 27th July 2023

Source: www.bbc.co.uk