After Sally Challen, we now have a chance to tackle coercive control – The Guardian

‘The domestic abuse bill offers a once-in-a-generation chance to change our approach says the son of the woman whose conviction for murdering her husband was quashed.’

Full Story

The Guardian, 7th June 2020

Source: www.theguardian.com

Justice Secretary seeks to block decision to release rapist serving life sentence – Daily Telegraph

‘The Justice Secretary is seeking to block the decision to release a rapist serving a life sentence from prison, after the victim’s family only learned of the plans through a journalist.’

Full Story

Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

Full Story

4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Belly Mujinga: CPS to review Covid-19 death of station worker – BBC News

Posted June 8th, 2020 in assault, bereavement, coronavirus, Crown Prosecution Service, families, news by sally

‘The Crown Prosecution Service (CPS) has been asked to review evidence into the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.’

Full Story

BBC News, 5th June 2020

Source: www.bbc.co.uk

Jeremy Bamber refused access to documents on Essex family murders – The Guardian

‘Jeremy Bamber, who is serving a whole life sentence for one of Britain’s most notorious multiple murders, has been refused access to documents that he believes could help clear his name.’

Full Story

The Guardian, 5th June 2020

Source: www.theguardian.com

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

Full Story

Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

Full Story

Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

Full Story

5SAH, 28th May 2020

Source: www.5sah.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

Full Story

St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

Full Story

The Guardian, 2nd June 2020

Source: www.theguardian.com

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

Full Story

Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

Full Story

Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers

‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’

Full Story

Park Square Barristers, 15th May 2020

Source: www.parksquarebarristers.co.uk

Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

Full Story

Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

Full Story

Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

Full Story

Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

Full Story

Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

Full Story

Family Law, 28th May 2020

Source: www.familylaw.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

Full Story

UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

Full Story

Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk