families – Page 7 – Current Awareness

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

Posted August 5th, 2024 in adoption, appeals, children, families, local government, news, placement orders, time limits by tracey

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

‘In contemplation of death’ case goes to appeal – Law Society’s Gazette

Posted August 5th, 2024 in appeals, bereavement, families, news, wills by tracey

‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’

Law Society's Gazette, 5th August 2024

Source: www.lawgazette.co.uk

A View from The President’s Chambers: July 2024 – Courts & Tribunals Judiciary

Posted August 1st, 2024 in children, families, family courts, judges, news by tracey

‘A View from The President’s Chambers: July 2024.’

Courts & Tribunals Judiciary, 31st July 2024

Source: www.judiciary.uk

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

Posted August 1st, 2024 in anonymity, children, families, family courts, financial dispute resolution, financial provision, news, sport by tracey

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

Family court judge rules on if twins exist – BBC News

Posted August 1st, 2024 in children, coercive & controlling behaviour, families, family courts, news, pregnancy by tracey

‘A High Court judge has ruled that there is “some evidence” that at least one child was born in an exceptional family dispute between a separated couple. The ex-husband told the court that he believed his wife had been pregnant when they split up and that she had given birth to twin boys, who would now be three years old.’

BBC News, 1st August 2024

Source: www.bbc.co.uk

High Court grants injunction to judge harassed by brother-in-law – Legal Futures

Posted July 30th, 2024 in families, harassment, injunctions, judges, news, wills by sally

‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’

Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

Posted July 29th, 2024 in disabled persons, families, family courts, local government, news, placement orders, social services by sally

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK

Posted July 29th, 2024 in Court of Protection, families, hospitals, Islam, medical treatment, news by sally

‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’

Law & Religion UK, 29th July 2024

Source: lawandreligionuk.com

Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law

Posted July 26th, 2024 in adoption, children, families, family courts, Law Commission, news, parental responsibility, statute law revision, surrogacy by sally

‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’

Journal of Social Welfare and Family Law, 23rd July 2024

Source: www.tandfonline.com

Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality – Legal Studies

Posted July 25th, 2024 in deportation, families, human rights, immigration, news by sally

‘The sovereign power to control the entry and residence of persons in the state, and the corollary power to deport, has long been considered to be a defining feature of statehood. State discretion as to who may remain within the national border is, however, tempered by international and regional human rights obligations, as well as domestic constitutional principles. In this context, it is well established that a deportation will violate Article 8 of the European Convention on Human Rights (ECHR) if it constitutes a disproportionate interference with family and/or private life in the host country.’

Legal Studies, 1st July 2024

Source: www.cambridge.org

Head teacher suing parents over ‘harassment’ – BBC News

Posted July 23rd, 2024 in bullying, families, harassment, news, school children, teachers by tracey

‘A head teacher is suing the parents of two pupils over harassment claims.’

BBC News, 22nd July 2024

Source: www.bbc.co.uk

Newborn baby made homeless by Home Office in frenzy to clear asylum backlog – The Guardian

Posted July 22nd, 2024 in asylum, benefits, children, families, government departments, homelessness, immigration, news by sally

‘A father with a newborn baby and a mother with two children are among the asylum seekers made homeless by the Home Office after it wrongly withdrew their claims, it can be revealed.’

The Guardian, 20th July 2024

Source: www.theguardian.com

Bereaved families force law changes – why did it take so long? – BBC News

Posted July 18th, 2024 in bereavement, bills, families, health & safety, housing, inquests, news, sport, terrorism by michael

‘The inclusion of both the Hillsborough Law and Martyn’s Law in the King’s Speech is a big moment for people power.’

BBC News, 18th July 2024

Source: www.bbc.co.uk

Killer to give parole hearing evidence in private – BBC News

Posted July 17th, 2024 in bereavement, closed material, families, murder, news, parole by tracey

‘A killer who stabbed a woman 60 times during sex will give evidence at his parole hearing in private, even though an application had been granted for it to be held in public.’

BBC News, 16th July 2024

Source: www.bbc.co.uk

UN concern over disciplinary case against UK lawyer for ‘boys’ club’ remarks – The Guardian

Posted July 17th, 2024 in barristers, bias, custody, disciplinary procedures, domestic violence, equality, families, family courts, gender, human rights, judges, news, sex discrimination, United Nations, women by tracey

‘Four UN special rapporteurs have warned that disciplinary proceedings against a female barrister for saying a judge had shown a “boys’ club attitude” may send “a disconcerting message” to lawyers challenging gender bias in custody and domestic abuse cases.’

The Guardian, 16th July 2024

Source: www.theguardian.com

Local authorities, care orders and consent to confinement – Local Government Lawyer

Posted July 16th, 2024 in care orders, children, consent, deprivation of liberty safeguards, families, family courts, local government, news by tracey

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Colin Pitchfork parole hearing will not be held in public after ‘fresh allegations’ – The Guardian

Posted July 12th, 2024 in child abuse, children, families, murder, news, parole, rape, sexual offences by sally

‘The parole hearing for Colin Pitchfork, who was convicted of raping and murdering two teenagers, will no longer be held in public due to “unforeseeable developments including fresh allegations”.’

The Guardian, 11th July 2024

Source: www.theguardian.com

Mental health tragedy lessons not learned – family – BBC News

Posted July 12th, 2024 in bereavement, families, homicide, hospital orders, hospitals, inquests, mental health, news by sally

‘The son-in-law of an 88-year-old man who was killed by a woman with schizophrenia at a supermarket says too many people are being harmed due to a lack of proper risk assessments of mental health patients.’

BBC News, 11th July 2024

Source: www.bbc.co.uk

Section 188(1) accommodation, suitability and mandatory orders – Nearly Legal

Posted July 8th, 2024 in Administrative Court, children, families, housing, local government, news, statutory duty by tracey

‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’

Nearly Legal, 7th July 2024

Source: nearlylegal.co.uk

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