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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. Read more

  NEWS

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.

  FEATURES AND ANALYSIS

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.

  MORE NEWS

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.
Nov 25, 2024

Lead judge for Family Drug and Alcohol Courts calls for expansion

The lead judge for the Family Drug and Alcohol Courts (FDACs), Lord Justice Peter Jackson, has called for their expansion, suggesting that it must move to the point where it is “not a sign of merit to have an FDAC, but an embarrassment not to have one”.

  MORE FEATURES

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.
December 18, 2024

Lies in family law proceedings

Avaia Williams analyses a recent Court of Appeal judgment which provides insight into the handling of lies and credibility in family proceedings. The case clarifies the treatment of lies in family courts, particularly as it relates to fact-finding in child welfare cases and the distinction between the criminal and family courts.
December 18, 2024

Revocation of adoption orders

Joanna Moody considers whether, and if so in what circumstances, an adoption order can ever be revoked.
December 18, 2024

Adoption records – PLWG best practice: a guide

In a second article on the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 2, which covers the crucial issue of access to adoption records.
December 18, 2024

Post adoption contact – PLWG best practice: a guide

In this first article in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams delves into Chapter 1 of the PLWG report, which addresses a pivotal topic for professionals and families involved in adoption proceedings: post-adoption contact.
December 18, 2024

A guide to Transparency Orders

Claudia Saxton provides a simple breakdown guide in relation to transparency orders; who may be granted a transparency order and what may they report on.
December 17, 2024

What to do about the Re C problem?

Justin Gray explores solutions to the risk of children being able to veto their own care plans for long-term living arrangements in Scotland.
December 17, 2024

Care proceedings and recusal

Gary Fawcett considers two recent care cases he has dealt with recently where ‘recusal’ has cropped up.
December 13, 2024

Providing support for children with complex needs

Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).
December 13, 2024

Making FGM protection orders

A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.
November 20, 2024

Children case law update: November 2024

Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.
November 20, 2024

Injuries and Part 25 experts

Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.
November 20, 2024

The meaning of ‘for the purposes of adoption’

A High Court judge recently examined the correct interpretation of the phrase ‘for the purposes of adoption’ in section 83(1)(a) of the Adoption and Children Act 2002. Marcia Hyde and James Hoile analyse the ruling.