The Court of Appeal stresses the importance of proportionality in decisions on care orders

The Court of Appeal recently overturned the care order regarding a child living at home with a complex care package, highlighting the importance of proportionality. Hazel Samuriwo analyses the judgment. Read more

  NEWS

Mar 20, 2025

Local areas “failing to address” safeguarding needs of Black, Asian and Mixed Heritage children and should review approaches to tackling racial bias: report

A new report by the Child Safeguarding Practice Review Panel has highlighted a “concerning lack of focus” on race, ethnicity, and culture in safeguarding practice and reviews, and has called for Child Safeguarding Partnerships to “review their local strategies and approaches to addressing race, racism, and racial bias”.

  FEATURES AND ANALYSIS

March 19, 2025

Section 20 and care proceedings

A recent experience in court highlighted that misunderstandings still exist around s 20 of the Children Act 1989, writes Emma Griffiths, who provides a whistle-stop tour of key principles, authorities and guidance to signpost practitioners when faced with an issue about the appropriate legal framework for accommodating children who are subject to care proceedings.
March 19, 2025

Journalist attendance at Family Court hearings

Charlotte Epstein dives into the decision to allow journalists to observe and report on family court hearings. Implemented following a successful pilot, the aim is to increase public understanding and awareness of the Family Courts.
March 19, 2025

International adoption – PLWG Best Practice: A Guide

In the fourth and penultimate article in his series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 4 of the PLWG report on international adoptions.

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  MORE NEWS

Mar 14, 2025

Court of Appeal upholds plan for adoption for 18-month-old boy as placement with extended family in Pakistan “not achievable within his timescales”

The Court of Appeal has dismissed an appeal against a placement order made in respect of an 18-month-old boy, finding that the aspiration to place him with extended family in Pakistan was “not achievable” within the timescales, and that the child’s best interests could only be served by the making of a placement order with a view to him being adopted in the UK.
Feb 20, 2025

Senior judge issues warning to would-be parents over commercial foreign surrogacy arrangements

The President of the Family Division, Sir Andrew McFarlane, has put would-be parents of any age who are contemplating entering into a commercial foreign surrogacy arrangement on notice that the courts in England and Wales may refuse to grant an adoption order, with the result that the child that they have caused to be born may be permanently State-less and legally parent-less.
Jan 28, 2025

Family justice and social care systems paying “insufficient attention” to ensuring rights of parents with learning disabilities are upheld: Nuffield NFJO

The Nuffield Family Justice Observatory (NFJO) has highlighted the “important” role of advocates and intermediaries in enabling parents with learning disabilities to engage fully in court proceedings, after warning that family justice and social care systems are paying “insufficient attention” to ensuring that their rights under disability, equality and human rights legislation are upheld.

  MORE FEATURES

March 19, 2025

Practice and procedure – PLWG Best Practice: A Guide

In the third in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 3 of the PLWG report which focuses on the practices and procedures surrounding adoption proceedings.
March 04, 2025

The interaction between housing and social care duties 

Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.
February 20, 2025

The Family Drug and Alcohol Court: time to take the brakes off?

The Family Drug and Alcohol Court has been hailed as a “vital” service for helping families address substance misuse issues, yet access to this potentially life-changing approach remains a postcode lottery. Lottie Winson analyses how FDAC can benefit children and families, the financial impact for local authorities, and the barriers to a national rollout.
February 19, 2025

Risk assessment in care proceedings

Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.
February 19, 2025

A widening of worker status?

Charlotte Tosti analyses a landmark case in the Employment Tribunal over the question of whether foster carers are “workers” and can bring claims in the employment tribunal.
February 19, 2025

Set in stone

Jordan Warren looks at a recent case on whether there is an inherent jurisdiction to revoke an adoption order.
February 14, 2025

Supporting social work decisions: R (on behalf of TW) v Essex County Council

A recent Court of Appeal decision should reassure social workers that their reasonable decisions in relation to assessment of whether a child is ‘in need’ cannot be readily challenged through judicial review, writes James Arrowsmith. It also provides some helpful insights as to how to reduce the risk of disputes in respect of these assessments.
January 29, 2025

Is Omeprazole the new EDS?

Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
January 21, 2025

With great power

Matthew Maynard and Tom Duggan consider the impact of a Court of Appeal ruling on the extent of the powers of the Family Court.