Adoption should not just be about speed – The Guardian
“The government fails to recognise that post-adoption support is as important as finding families quickly.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
Category: local government
“Can’t We Make the Local Authority Pay for It?” – Family Law Week
“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
‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com
“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”
OUT-LAW.com, 25th February 2013
Source: www.out-law.com
Swimming in the Pool: relevant factors to satisfy the threshold criteria after the Supreme Court’s judgment in J (Children) – Family Law Week
“Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.”
Family Law Week, 25th February 2013
Source: www.familylawweek.com
Protecting the reputation of schools and universities – Education Law Blog
“You can say what you like about local authorities – and people do, knowing that the authority itself (as opposed to any individual member or employee) cannot sue in defamation. This was first established back in 1891 in Manchester Corporation v Williams [1891] 1 Q.B. 94, where it was held that the council could not complain about a letter to a newspaper alleging that ‘bribery and corruption have existed and done their nefarious work’ in a number of its departments.”
Education Law Blog, 22nd February 2013
Source: www.education11kbw.com
In re J (Children) (Care Proceedings: Threshold Criteria) – WLR Daily
In re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9; [2013] WLR (D) 74
“A real possibility that a parent had harmed a child in the past was not, by itself, sufficient to establish that some other child that he or she now had care of was ‘likely to suffer significant harm’ within the meaning of section 31(2)(a) of the Children Act 1989 so as to meet the threshold for initiating care proceedings in respect of that other child.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily
“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron – Employment Law Blog
“What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) by a change in the identity of the provider of a service. The eye-popping complexity for which TUPE disputes are famous arises from trying to apply that simple principle to the messy business that is real life employment. The CJEU is presently pondering one example of the conceptual difficulties that can be thrown up in Alemo-Herron and others v Parkwood Leisure Limited C-426/11 and Advocate General Cruz Villalon has just delivered his opinion.”
Employment Law Blog, 22nd February 2013
Source: www.employment11kbw.com
Residing together, apart – NearlyLegal
“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”
NearlyLegal, 24th February 2013
Source: www.nearlylegal.co.uk
Regina (KA) v Essex County Council – WLR Daily
Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60
Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court
Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)
Supreme Court, 20th February 2013
In the matter of J (Children) – Supreme Court
In the matter of J (Children) [2013] UKSC 9 | UKSC 2012/0128 (YouTube)
Supreme Court, 20th February 2013
Prospective adoptive child will not be taken from blind woman, for now – UK Human Rights Blog
“This case, described by Cobb J as an ‘unusual and troubling’ case, concerns a 1 year old girl ‘SB’ and a woman ‘RCW’. SB was born prematurely, at 27 weeks, weighing just 1 kg; almost immediately she was abandoned by her natural mother.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
Children: Private Law Update – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph
“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”
Daily Telegraph, 15th February 2013
Source: www.telegraph.co.uk
‘Not up to standard’: 25% of care agencies providing services to people in their homes are failing – The Independent
“A quarter of agencies that provide care to people in their own homes do not meet all five national standards of quality and safety, regulators said.”
The Independent, 13th February 2013
Source: www.independent.co.uk
Council tax challenge goes to the Court of Appeal – BBC News
“A single mother is taking her legal battle over a north London council’s plans
to make people on benefits contribute to their council tax bill to the Court of
Appeal.”
BBC News, 12th February 2013
Source: www.bbc.co.uk
Room without review: Thoughts on tackling the bedroom tax – NearlyLegal
“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”
NearlyLegal, 10th February 2013
Source: www.nearlylegal.co.uk
£23m of parking fines ‘may have been unlawful’ – BBC News
“Almost 350,000 parking fines – totalling an estimated £23m – may have been unlawfully issued to motorists in London, a BBC investigation has found.”
BBC News, 11th February 2013
Source: www.bbc.co.uk
Pensioner ‘held prisoner’ by local council wins legal victory – The Independent
“A pensioner who was ‘held prisoner’ by a local authority won a legal victory when the council admitted violating her human rights.”
The Independent, 8th February 2013
Source: www.independent.co.uk
