Parental consent not required for section 20 accommodation

Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent?

Full post: Community Care Blog

When child protection goes wrong – can you claim any financial compensation?

This post follows a recent report of an adult who has taken legal action against a local authority for failures to do their job properly or at all, resulting in harm to that individual.

Full post: The Transparency Project

The Kirklees Case: What’s going on with the Human Rights Act?

What I would like to examine here and briefly, is the recent decision of Cobb J in the recent case involving Kirklees Council CZ (Human Rights Claim: Costs) [2017] EWFC 11 (16 February 2017).

Full post: The Transparency Project

Teresa Kirk and the Court of Protection – the end of an “astonishing story”

The story is that of Teresa Kirk, the 71 year old grandmother “jailed by a secret court” because she refused to comply with the court’s order to return her elderly and mentally incapacitated brother, Manuel Martins, to England from a care home in Portugal in which she had placed him in August 2015.

Full post: The Transparency Project

Online courts: What’s the ‘human’ impact?

The testing of online courts should not simply be about whether the technology works, said Andrew Langdon QC, chairman of the Bar at an event on 16 February hosted by the UCL Judicial Institute, ‘The Case for Online Courts’.

Full post: The Transparency Project

Child’s evidence – Part 2: contact and domestic violence

Child welfare, contact – and a practice direction.

Full post: dbfamilylaw

An unreasonable petition?

There are reports of an unusual case heard in the Court of Appeal recently: a wife appeals against a judge’s refusal to grant her a divorce from her husband because she can’t stand his behaviour any more and says the relationship has broken down irretrievably.

Full story: The Transparency Project

Financial remedy judgments—to anonymise or not to anonymise?

The decision in X v X concerned the issue of anonymisation of a financial remedy judgment in divorce proceedings which had been widely reported in the press. John Stables, barrister at 5RB, considers the implications of this judgment.

Full post: Family Law Blog

Child’s right to be heard: before and after EU withdrawal

In Re S (a Child), through a fog of imprecise chronology and unavailable evidence (or was it uncalled, in the case of the child?), the Court of Appeal were able to allow one ground only of a mother’s appeal.

Full post: dbfamilylaw

Human rights, damages and costs – important case

The High Court have given judgment in Re CZ (Human Rights Claim:Costs) 2017.

Full post: suesspiciousminds

Enforcement of Family Financial Orders: Iqbal is the perfect example of why reform is needed.

This is a post by Zoe Saunders, barrister at St John’s Chambers about the case of Iqbal v Iqbal [2017] EWCA Civ 19 (25 January 2017).

Full post: The Transparency Project

Brewster : “Shifting (or not) the Supreme Court’s view on marriage”

In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8.

Full post: The Transparency Project