Health Records and the Deceased – Panopticon

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’

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Panopticon, 23rd April 2020

Source: panopticonblog.com

McFarlane: Remote hearing on future of child a step too far – Legal Futures

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

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Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

Baby deaths scandal ‘could be one of largest in history of NHS’ – The Guardian

‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

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BBC News, 21st April 2020

Source: www.bbc.co.uk

Met police face legal action over death of PC Keith Palmer – The Guardian

Posted April 21st, 2020 in bereavement, codes of practice, families, inquests, negligence, news, police, terrorism by sally

‘The Metropolitan police are facing legal action over the death of PC Keith Palmer, murdered during a terrorist attack on parliament.’

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The Guardian, 20th April 2020

Source: www.theguardian.com

Grenfell Tower inquiry could resume by Zoom videolink – The Guardian

‘The public inquiry into the Grenfell Tower disaster could resume in virtual form with evidence taken by Zoom videolink, its senior legal adviser has told bereaved people and survivors.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Family Law Arbitration: Is it for me? – Pump Court Chambers

Posted April 20th, 2020 in arbitration, chambers articles, dispute resolution, families, news by sally

‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’

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Pump Court Chambers, 8th April 2020

Source: www.pumpcourtchambers.com

Lasting Powers of Attorney – Family Law

Posted April 20th, 2020 in families, news, powers of attorney by sally

‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’

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Family Law, 16th April 2020

Source: www.familylaw.co.uk

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Deportation: when is it “unduly” harsh on a child? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, children, deportation, families, immigration, news by sally

‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’

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Doughty Street Chambers, 8th April 2020

Source: insights.doughtystreet.co.uk

Covid-19: contact with children in care – 5SAH

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

‘A broad approach taken in the definition of “partner” in a deportation case’ – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, deportation, families, immigration, interpretation, news by sally

‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH

Posted April 16th, 2020 in chambers articles, children, coronavirus, families, family courts, news by sally

‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

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BBC News, 15th April 2020

Source: www.bbc.co.uk

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Interim Separation During Proceedings – Becket Chambers

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com