“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”
New Law Journal, 10th May 2013
Source: www.newlawjournal.co.uk
“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”
New Law Journal, 10th May 2013
Source: www.newlawjournal.co.uk
“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”
Family Law Week, 17th March 2013
Source: www.familylawweek.com
“The Government has failed to bring Britain in line with European laws on human trafficking, according to leading charities, who say victims of the crime are being left vulnerable to further abuse.”
The Independent, 10th March 2013
Source: www.independent.co.uk
“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”
Family Law Week, 2nd March 2013
Source: www.familylawweek.co.uk
Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376
“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
“Children from the UK will now have international protection if they move to another country outside the European Union. The 1996 Hague Convention will be in force from today meaning the public can be assured that countries which have opted in to the treaty will uphold and enforce a court order involving the protection of a child.”
Ministry of Justice, 1st November 2012
Source: www.justice.gov.uk
“There are, in one sense, multiple interfaces between the Mental Health Act 1983 and the Mental Capacity Act 2005: those concerning medical treatment, welfare and finances as well as restriction and deprivation of liberty. This paper focuses upon the latter since there is a confusing line of authority developing on the topic, and because there remain a number of questions to be answered and problems to be solved. It is fair to say that today’s talk perhaps raises more questions than it provides answers.”
Thirty Nine Essex Street, 15th October 2012
Source: www.39essex.com
Regina (T) v Merton London Borough Council: [2012] EWHC 2055 (Admin); [2012] WLR (D) 256
“Paragraph 65 of the Special Guardianship Guidance required a local authority to consider the National Fostering Network’s minimum allowances paid in relation to foster carers and to use them as a starting point when determining the level of financial support payable to a person acting in the capacity of a special guardian pursuant to the provisions of section 14F of the Children Act 1989 and the Special Guardianship Regulations 2005 (SI 2005/1109).”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
“A & S v. Lancashire County Council [2012] EWHC 1689. The poor quality of provision for children in care was much in the headlines last week. A highly critical report by the Deputy Children’s Commissioner, which found children in many privately run care homes were at high risk of suffering violent or sexual abuse, was followed by the Government’s announcement of plans to speed up the adoption process and allow families who wish to adopt children to foster them first.”
UK Human Rights Blog, 10th July 2012
Source: www.ukhumanrightsblog.com
“Families of missing people will be given greater support when a loved one goes missing with today’s announcement that the Government will introduce a certificate of presumed death – through legislation.”
Ministry of Justice, 6th July 2012
Source: www.justice.gov.uk
“Although CAFCASS was under a statutory duty in general terms to provide a scheme for the representation of children in care proceedings in England, that duty did not extend to a specific obligation to ensure that a particular child in an individual case was represented or that representation should be arranged in accordance with a precise timetable.”
WLR Daily, 29th June 2012
Source: www.iclr.co.uk
“Care charities and other not-for-profit organisations are being asked whether they think they can better meet the needs of people who lack mental capacity.”
Ministry of Justice, 4th August 2011
Source: www.justice.gov.uk
“A High Court ruling has reasserted the independence of children’s guardians from state control. In a landmark judgment, Sir Nicholas Wall said the court-appointed guardians were a vital element in protecting children.”
Law Society’s Gazette, 7th July 2011
Source: www.lawgazette.co.uk
“The father of missing York chef Claudia Lawrence has asked MPs for more legal rights for families of missing people.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
“When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question whether there had been a ‘change in circumstances’ for the purposes of that provision.”
WLR Daily, 11th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“This consultation paper represents the next step in the review process of the Mental Capacity Act 2005 and addresses areas of legislation and policy that in practice have not worked as well as intended.”
Ministry of Justice, 17th December 2009
Source: www.justice.gov.uk
“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”
Law Society’s Gazette, 25th November 2009
Source: www.lawgazette.co.uk
No entitlement to trial
Regina (Singh) v Stratford Magistrates Court
“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”
The Times, 13th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Child’s emotional identity needs supersede grandparents’ wishes
In re E (a Child): Special guardianship order
Court of Appeal
“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”
The Times, 11th April 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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