A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy. Read more
The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.
The Information Commissioner’s Office (ICO) has issued a reprimand to Birmingham Children's Trust Community Interest Company after the personal information of a child was “inappropriately disclosed” to another family.
The Government has tabled an amendment to the Criminal Justice Bill that will see child rapists lose their parental responsibilities when they are sentenced.
The Secretary of State for Education, Gillian Keegan, and the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, have written to local authorities setting out a three-step approach to reducing the number of care leavers found intentionally homeless.
The Court of Appeal has allowed appeals brought by a local authority and a children’s guardian against a judge's decision in care proceedings that a fact-finding hearing was unnecessary.
A High Court judge has adjourned an application made on behalf of a mother for an intermediary assessment within care proceedings, noting that intermediaries are only to be used when their use is “necessary”.
The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.
The Government has proposed a number of measures to strengthen protections in place for children and vulnerable people subject to a strip search by police, including the requirement for parents and guardians to be informed.
This year has seen one of the highest levels of Director of Children’s Services (DCS) postholder changes at local authorities since the role was established.
The Department for Education (DfE) has launched a new advisory group on the profiteering of private companies from children’s social care, amid concerns about the rising cost of procuring residential accommodation from private providers.
Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.
Stephen Crispin and Matthew Brookes-Baker analyse the outcome of a fact-finding hearing in care proceedings concerning allegations that one or other of the parents had deliberately inflicted injury to a non-mobile infant.
The Court of Appeal recently allowed an appeal by the mother against a finding that injuries to a child were caused by one of six relatives who were present, rather than accident. Sara Chalk analyses the judgment.
The Welsh Government and Cafcass Cymru have published guidance to help support parents and other carers when they are explaining decisions made in the Family Court to children.
There is “legitimate public concern” as to the accommodation where vulnerable young people are being placed, the President of the Family Division, Sir Andrew McFarlane, has warned MPs.
A High Court judge has allowed a local authority’s application for leave to invoke the inherent jurisdiction in relation to the withdrawal of medical treatment and the provision of end of life care for a young child.
A circuit judge sitting in the Family Court has expressed his “obvious regret” that funding could not be secured for the Cardiff and Vale Family Drug and Alcohol Court (FDAC) Pilot to be extended, noting the “clear implications” for families and professionals involved in cases still before the court.
The parents of a disabled child have successfully halted Derbyshire County Council’s proposals to cut respite services in the local area, after threatening to launch legal action.
The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.
The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.
Hundreds of vulnerable children in England are being sent to homes not registered with Ofsted every year because of a “chronic shortage” of places in secure local authority units, an investigation by The Observer has revealed.
Judges sitting at the Central Family Court will wear robes during proceedings from this week (15 April 2024), in a pilot intended to explore the impact of increased formality in family courts.
The High Court has ruled that a family court judge was in a “much better position” than the Police to determine whether unsupervised contact with a child could be appropriately managed.
The Family Justice Council (FJC) is looking to appoint two practising solicitors specialising in public law family work – one local authority lawyer and one private practice lawyer.
The Children’s Homes Association (CHA) has announced changes to its membership criteria from 6 April 2024, including a new requirement for organisations to be ultimately owned in the UK.
Demand for adoption support often exceeds the resources available to regional adoption agencies (RAAs), meaning some individuals and families do not receive the support they need, when they need it.
Kent County Council has warned it is now “extremely close” to its current capacity for caring for unaccompanied asylum-seeking (UAS) children, and has highlighted an “urgent” need for children to be transferred to other UK local authorities.
The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.
The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.
The Ministry of Justice has reported that 289 children were subject to applications to deprive them of their liberty between October and December 2023 in England and Wales.
The President of the Association of Directors of Children’s Services (ADCS) has called for interventions to address what he describes as a “completely failing market system” for children’s residential provision.
A High Court judge has ruled that a mother, who had been assessed as a “potential risk” to court security, should be permitted to enter the court building for upcoming hearings provided that a number of arrangements are put in place and adhered to.
The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.
A judge sitting at the Royal Courts of Justice has criticised a council seeking to implement a care plan “wholly inconsistent” with the court’s assessment of risk and welfare.
The High Court has dismissed common law negligence claims against two councils alleging they should not have placed the claimant with his mother, with the judge concluding that the delay between the expiry of the limitation period and the issue of proceedings had had a detrimental effect on the evidence and availability of key witnesses. In TA v Westminster City Council & Anor [2023] EWHC 3267…
The Lady Chief Justice, with the concurrence of the Lord Chancellor, has appointed Family Presiding Judges for the South Eastern (London) and Northern Circuits.
A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.
The High Court has rejected a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities.
Hannah Rought-Brooks looks at recent developments in relation to the Istanbul Convention on preventing violence against women, and sets out the key recommendations from an important report published by the Domestic Abuse Commissioner.
Amjad Kadhim explores the issue of applications for expert evidence under Part 25 Family Procedure Rules 2010 in light of a recent Family Division case decided..
A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.
A High Court judge has said that whilst many surrogacy arrangements work very successfully, a recent case before her provided a graphic illustration of the difficulties that can be encountered if the arrangement breaks down. Eleanor Suthern analyses the ruling.
The placement of young people with complex needs is a problematic area that continues to cause concerns for all professionals and services. Frequently, the judiciary must adjudicate on whether they should use their inherent jurisdiction to deprive a child of their liberty. Queenet Awesu considers a recent Family Division ruling.
A recent Supreme Court ruling was very helpful for local authorities and their insurers but may not be the last word on ‘failure to remove’ claims, writes Paul Stagg.
Feargus Campbell provides a brief overview of the existing statutory framework governing attendance and confidentiality in the Family Courts before considering the Reporting Pilot and the associated ‘Transparency Order’, in the hope of demystify this brave new world.
A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.
The Employment Appeal Tribunal (EAT) has found that an Employment Tribunal was wrong to decide that a social worker who had been off work for 18 months and was anxious about attending court was not disabled. Alastair Fatemi analyses the ruling.
Dr Charlotte Edney explores whether the ethnic inequalities uncovered in public law extend to section 20 voluntary arrangements, and explains why further research to understand ethnic inequalities is critical.