Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

Full Story

Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk

Judge blocks parents’ bid to use dying son’s sperm to father a child – The Independent

Posted November 18th, 2022 in children, Court of Protection, families, news by tracey

‘The parents of a dying man have failed in their court bid to collect and store his sperm to allow his girlfriend to have his child.’

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The Independent, 17th November 2022

Source: www.independent.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by tracey

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Prenatal paternity testing for court: your questions answered – Family Law Week

Posted November 17th, 2022 in children, DNA, expert witnesses, families, family courts, forensic science, news by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, answers some of the most common questions about prenatal paternity testing for legal matters.’

Full Story

Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

Alcohol monitoring technology: what you need to know – Family Law Week

Posted November 17th, 2022 in alcohol abuse, alcoholism, electronic monitoring, families, family courts, news by tracey

‘Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses alcohol monitoring technology, and how it can be used to evidence levels and patterns of alcohol consumption or sobriety.’

Full Story

Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

Sex education: Wales’ curriculum legal challenge launched – BBC News

‘Campaigners have taken the Welsh government to court over sex education lessons they claim give prominence to LGBTQ+ themes.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk

Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

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The Guardian, 13th November 2022

Source: www.theguardian.com

‘No evidence’ Archie Battersbee did TikTok blackout challenge, coroner says – The Guardian

‘Archie Battersbee accessed TikTok on the day he suffered a catastrophic brain injury but no evidence has been found that he was taking part in the online “blackout challenge”, a coroner’s court has heard.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

Full speech

Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Sebastian Kalinowski: couple jailed for murdering teenage son – The Guardian

‘A woman and her partner have each been sentenced to 39 years in prison for the “horrific” murder of 15-year-old Sebastian Kalinowski.’

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The Guardian, 4th November 2022

Source: www.theguardian.com

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

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Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Mothers in law still struggle to juggle despite more supportive employers – Legal Futures

Posted October 31st, 2022 in children, families, law firms, legal profession, news, statistics, women by tracey

‘The vast majority of mothers (84%) working in the law still find it difficult to balance working life with the demands of being a mother, despite some signs of progress.’

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Legal Futures, 31st October 2022

Source: www.legalfutures.co.uk

Problems with interim contact in private law disputes – Family Law Week

Posted October 28th, 2022 in children, contact orders, families, family courts, news by tracey

‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’

Full Story

Family Law Week, 21st October 2022

Source: www.familylawweek.co.uk

Court rules abandoned wives should be allowed to return to UK – The Guardian

Posted October 26th, 2022 in families, government departments, immigration, news, visas, women by sally

‘A woman who was abandoned in Pakistan by her British husband and forcibly separated from her two-year-old daughter has won a high court case against such practice.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

Full Story

Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

City council to refund 11 years of care home top-up fees to family following Ombudsman investigation – Local Government Lawyer

Posted October 21st, 2022 in care homes, compensation, delay, families, fees, local government, news, ombudsmen by tracey

‘An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk