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Latest Stories
Manchester CC and LSC commission £8.9m advice service
02/09/10: Manchester City Council and the Legal Services Commission have joined together to commission Manchester Citizens Advice Bureau to run a city-wide legal advice service.
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Shoesmith granted leave to appeal against Haringey and Secretary of State
01/09/10: Sharon Shoesmith has today been given permission to appeal in her judicial review action against the London Borough of Haringey and the then Secretary of State for Children, Schools and Families.
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Children's Minister warns councils over excessive restrictions on foster carers
27/08/10: The Children’s Minister has reminded councils of their duties to make sure clear placement plans are agreed at the start of a foster placement so that parents, social workers and foster carers are aware of their responsibilities.
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Law Society launches legal action over family legal aid tender
20/08/10: The Law Society has sent a pre-action protocol letter to the Legal Services Commission (LSC), challenging the lawfulness of its decision to proceed with the allocation of family law contracts.
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 A question of entitlement
A judicial review action was recently brought against Nottingham City Council over whether two young people should be considered “relevant children” under the leaving care regulations. Stephen Pearson and Gavin Carr report on the Court of Appeal’s ruling.
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 Out of sight...?
The tragic case of Khyra Ishaq has raised fresh questions about the extent that the home schooling of children should be permitted and regulated, writes Clive Sheldon.
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Ombudsman rebukes Gloucestershire CC over education of SEN child
The Local Government Ombudsman (LGO) has criticised Gloucestershire County Council for failing to provide adequate education provision to a boy with special educational needs while he was out of school.
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Duties of care
Mr Justice Mackay has handed down judgment in the High Court in favour of Oxfordshire County Council in an action that has implications for all local authorities and their insurers, writes Tom Walshaw.
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Ofsted issues warning over failure to identify and track missing children
Ofsted has warned councils that they are failing to fulfil their legal duties after an Ofsted study found that none of 15 councils surveyed felt confident that they knew about all the children living in their area.
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Under suspension
The Supreme Court recently found that there was no breach of a pupil’s right to education, where he was unlawfully suspended from school but was provided with work to do and home tutoring. Isabel McArdle examines the ruling.
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An education
A recent judgment of the Supreme Court has confirmed again that there is no entitlement under the Human Rights Act 1998 to an education of a particular type or standard, writes Peter Wake.
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Judicial Appointments Commission seeks volunteers for quality assurance tests
The Judicial Appointments Commission is inviting people with experience of the crime or family jurisdictions to help it with quality assurance of the qualifying tests for the District Judge (Magistrates' Courts) 2010 selection exercise.
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Charity calls on MoJ to introduce time limits and fast track for care cases
The government must introduce a 30-week time limit for all care proceedings with a 12-week fast-track limit for children under 18 months, a leading charity has said. Barnardo's said children were being left in limbo.
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The finer details
The publication of the Academies Bill, setting out the government's plans for academies, has already provoked considerable attention. Graham Burns analyses the central issues.
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Alliance calls for alternatives to Cafcass to be explored
An inter-disciplinary alliance including the Association of Lawyers for Children and the Family Law Bar Association has issued a position paper questioning the effectiveness of the Cafcass model for delivering services.
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Management issues hampered Cafcass response to rising cases: NAO
Cafcass could have responded “more quickly and cost effectively” to rising caseloads had it fully resolved known management challenges, the NAO has said. But the agency could not have predicted the rise would be sustained.
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Life after BSF
Following the government's announcement that the BSF programme is to be curtailed, teachers, schools and local authorities will turn their minds to the obvious question: what do we do now? Adrian Turner assesses their options.
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The supporting act
A recent High Court case involving arrangements made for a 15-year-old girl to live with her grandmother highlights the importance of local authorities explaining what the nature of the arrangement is and the level of assistance available.
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Health Secretary transfers social care regulation in quango blitz
The regulation of social workers will be transferred from the General Social Care Council to the Health Professions Council as part of a shake-up of health quangos, the government has announced.
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Disabled girl sues Oxfordshire CC for £4m over compensation delay
Oxfordshire County Council is being sued for more than £4m by a 17-year-old disabled girl who claims that the local authority failed to secure compensation promptly on her behalf.
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Gove to remove requirement for councils to set up Children's Trust Boards
The requirement on councils to set up Children’s Trust Boards and the requirement for those boards to publish a joint Children and Young People’s Plan are to be removed “at the first available legislative opportunity”.
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Supreme Court rejects damages claim in special needs right to education case
The Supreme Court has rejected a claim for compensation brought on behalf of a severely disabled boy who was out of school for 18 months while the local authority tried to find a suitable placement.
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Mixed messages
Jon Hart looks at the contractual position of those schools projects which find themselves “stopped” or “subject to review” following the curtailment of the BSF programme.
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Losing control
Councils have spent £160m+ on preparing for BSF projects that have now been axed, the LGA has revealed. Nottingham City Council is meanwhile considering legal action over the government's decision.
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Councils count cost of BSF cancellation, Nottingham considers legal action
Graham Richardson and Tracy Walsh outline some of the employment and pensions issues that local authorities will have to consider if their schools take academy or free school status.
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Gove launches "wide-ranging" review of Children's Commissioner role
The government has announced a review of the role and functions of the Children’s Commissioner for England. The Education Secretary, Michael Gove, said there was continued debate about the remit of the post.
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Social workers, not personal advisers, must write pathway plans, says judge
A local authority social worker must author the pathway plan for a young person – not the individual’s personal adviser – if the council is to discharge its statutory duties, a High Court judge has ruled.
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ICO slaps down councils over "poor regard" for safety of children's data
The data protection watchdog has taken three councils to task for lax security and a failure to provide staff training on data protection, saying that the details of more than 9,000 children were put at risk in one incident alone.
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Leading judge slams Straw reforms to transparency in family courts
A senior judge has criticised legislation introduced by former Lord Chancellor Jack Straw in a bid to introduce greater transparency into the family courts, describing it as a “lost opportunity” to generate public confidence.
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Court of Appeal rejects claim over use of emergency child protection powers
The Court of Appeal has dismissed an action for damages brought by a mother after her son was taken into care because of concerns over his safety that were subsequently shown to be unjustified.
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Children's voices
The Supreme Court has removed the presumption against children giving evidence in family proceedings. Ayeesha Bhutta assesses the practical implications of this key ruling.
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Schools given new guidance over powers in relation to pupil discipline
The Department of Education has issued new guidance to help schools understand their legal powers and duties as regards establishing a school behaviour policy and disciplining pupils.
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Gove freezes BSF programme, cancels 700+ school rebuilding projects
Education Secretary Michael Gove has brought the Buildings for School programme to a halt, saying it was characterised by "massive overspends, tragic delays, botched construction projects and needless bureaucracy".
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Haringey pays out after libelling social worker in Baby P case
A social worker at the London Borough of Haringey has received an apology and compensation from the council after suing her employer for libel. The local authority had contradicted Sylvia Henry's version of events.
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Where now for BSF?
The coalition government's capital expenditure review has significant implications for Building Schools for the Future. Frank Suttie looks at how local authorities might respond.
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Family Justice Review Panel issues call for evidence
The Family Justice Review Panel is seeking views on how the family justice system can be made to work better. Its review will examine how the courts, with other agencies, manage cases involving children and the public care system.
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Manchester settles second set of historic child abuse claims
Manchester City Council this month agreed to settle a second set of child abuse cases, three years after paying out more than £2m in compensation in a group action centring on three homes run by the local authority.
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High Court rules on powers of councils over incapacitated adults and children
In a case concerning the locking up of a child and an adult in their bedrooms at night for their own safety, Lord Justice Munby has delivered a key ruling on the extent of local authorities’ powers.
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Cardiff calls on public bodies not to discriminate against separated parents
Cardiff Council is to call on all public bodies it deals with not to “discriminate” against parents who do not live with their children and intends to write to all other councils in Wales, asking them to agree the same principle.
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Report clears Islamic charity that runs schools of having links to Hizb-ut-Tahir
The Islamic Shakhsiyah Foundation, which runs schools in Slough and Haringey, is not linked to Hizb-ut-Tahir, an investigation by the Charity Commission has found.
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May suspends vetting and barring scheme, pending wholesale review
The Home Secretary has suspended the introduction of the vetting and barring scheme – due to begin next month – and launched a review of the programme, with the aim of scaling back the “draconian” regime.
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Judge orders council to pay £100k over care proceedings
An unnamed local authority has been ordered by the High Court to pay £100,000 towards the public funding costs of parents involved in care proceedings that were subsequently withdrawn, it has emerged.
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A new future for education
Graham Burns sets out the main provisions of the government's Academies Bill and the anticipated changes that this will make to the current academy programme.
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History revisited
The High Court has recently provided important guidance on quantum in historical abuse claims. Peter Wake looks at the implications of the ruling for local authorities.
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The free schools revolution
The open invitation to new groups to make their applications is bound to lead to a large number of applications. Graham Burns sets out the key elements of the new proposals.
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Gove orders "fundamental review" of child protection practice
The government has launched a “fundamental” review of children’s social work and frontline child protection practice. The aim of the review is to remove barriers preventing social workers from spending time with vulnerable children.
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Surrogate parents?
Rigorous guidance has been produced to ensure schools and councils work closer together to promote the achievements of looked-after children, writes Sarah Erwin-Jones.
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Queen's Speech: Academies Bill
The Queen's Speech has outlined the provisions of the long-trailed Academies Bill, intended to make it easier for schools to gain academy status and leave local authority control.
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Due process
How can local authorities deal with people who refuse to engage with their complaints procedures? Georgina Rowley considers a recent key High Court decision on the issue .
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Councils warned against basing decisions about looked after children on cost
It is critical that all decisions about vulnerable children in the looked after system are based around providing for their well-being, rather than being influenced by short-term savings, a Welsh Assembly committee has warned.
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Market intelligence
Commissioning 16-19 education has passed to local authorities. Rebecca Taylor-Onion assesses the impact of the new National Commissioning Framework.
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The ageing process
Making accurate assessments of the age of asylum seekers is an extremely difficult and onerous task. Laurence Saffer looks at the guidance handed down by the courts.
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Seen, but not heard
Children are the biggest losers from the crisis at Cafcass according to a recent survey of public law care proceedings conducted by Nagalro, writes Alison Paddle.
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Making the parents responsible
What happens to parents who don’t send their children to school? John-Paul Swoboda looks at the options available to local authorities.
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The learning curve
The academies programme continues to gather steam. Graham Burns reviews some of the key features of the programme.
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Government consults on guidance for local authority child poverty duties
The government this week has a consultation on draft statutory guidance for local authorities on new duties in relation to child poverty that come into force on 25 May 2010, but also argued that there is no need for extra funding.
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Cheating the system
Fraudulent applications for school places are on the rise but the ability of admissions authorities to do anything about it is limited, writes Mark Blois.
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Tough love
Could a lack of resources mean that Family Intervention Projects fail to deliver on their initial promise? Grania Langdon-Down investigates.
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Schools' use of CCTV "breaks data protection laws", claims new research
A research report by Salford University has claimed that many schools are breaking data protection laws by failing to inform pupils that they are being monitored by CCTV cameras or sound recording devices.
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Legal experts "not used appropriately" in British Fritzl case
Medical and legal experts were not used appropriately to increase the body of knowledge at child protection conferences in the so-called British ‘Fritzl’ case, an independent report has said.
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Family orders and the removal of children from the UK
Which family orders prevent the removal of children from the United Kingdom? Laurence Saffer looks at this difficult issue and analyses the impact that human rights law has on such cases.
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LGA warns that implementing Laming reforms could overload social workers
Implementing some of the key recommendations in Lord Laming’s report on child protection is likely to overload already stretched social work teams and risks weakening the safety net that keeps children safe, the LGA claimed this week.
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LGO launches new schools complaints service
The Local Government Ombudsman (LGO) has published detailed of its new complaints handling service to deal with its new role in hearing complaints about “injustices” arising from internal school matters.
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A public concern
It is vital to raise awareness of private fostering and the need for carers to notify their local authorities, writes David Holmes of the BAAF.
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Back from the brink
The National Challenge Trust model is attractive for struggling schools, but finding the right partners is difficult writes Vicki Hair.
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An age old question
The future of age disputes has been re-cast by a recent decision of the Supreme Court, write Christopher Butler and Tom Amraoui.
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MoJ to hold regional conferences in bid to reduce care proceedings delays
09/03/10: The Ministry of Justice has launched a new inter-agency approach intended to reduce unnecessary and damaging delays in care and supervision, which will include a series of nine regional conferences.
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Supreme Court removes presumption against children giving live evidence
09/03/10: In Re W (Children) [2010] UKSC 12, the court reformulated the approach a family court should take when exercising its discretion on whether to call a child.
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GTC acts over failure of local authorities to refer cases of teacher incompetence
The General Teaching Council has launched an action plan after research revealed widespread uncertainty among local authorities and other employers over their legal duty to refer cases of teacher incompetence.
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Back to school
A challenge to the establishment of academy schools on procurement grounds has been rejected by the Court of Appeal, writes Graham Burns.
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Government announces first chain schools and extends scheme to primaries
The DCSF has announced the first schools to be given the new Accredited Schools quality mark, giving them the right to operate chains of secondary schools, and announced the extension of the scheme to primary schools.
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Ofsted launches consultation on new private fostering inspection regime
Ofsted has launched a consultation on its new broader framework for the inspection of local authorities' private fostering arrangements. Ofsted has been responsible for inspecting these arrangements since 2007.
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Perpertrators, anticipatory rulings and other issues: 2009 in review
In the second of a two-part series, Valerie Sterling looks at the key cases in the children and care field in 2009.
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Wirral MDC wins limitation battle in histrical alleged child abuse case
A judge has ruled that the passage of time in a historical child abuse case involving Wirral Metropolitan Borough Council meant a fair trial was impossible.
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Children's Trusts and Children's centres to deliver mental health services
Children’s Centres and Children’s Trusts are two of the main organisations through which children and adolescent mental health services (CAMHS) are to be delivered by local authorities and their partners says the government.
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Dealing with demand
The need for childcare lawyers has surged. Finding good candidates is a real challenge, writes Grania Langdon-Down.
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The Peter Principle
The legal system is struggling to cope with the flood of care cases being brought since the death of Baby Peter. Grania Langdon-Down reports.
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