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. Read more

  NEWS

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”.
Nov 18, 2024

Father fails in appeal in childcare case over subsequent diagnosis of autism

The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.

  FEATURES AND ANALYSIS

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.
November 15, 2024

Lessons from Lieven J

Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.
November 08, 2024

The role of hair strand testing

“Hairstrand testing has its limitations.” So why are drug tests not always treated this way in the Family Court? Stephen Williams looks at the issues.
November 01, 2024

Pathfinder and the Sunflowers

In today’s episode of FortyTwo Talks, Family Law Practitioner, Rachel Chan, is joined by Estella Newbold-Brown, Partner of Amphlett Lissimore to discuss the Private Law 'Pathfinder' and Estella’s new book, Isla and Quinn The Sunflowers.
November 01, 2024

A-Z Family Law

You asked, we answered! As part of our ongoing podcast series, we are pleased to present the first of our A-Z Family Law podcasts.

  MORE NEWS

Oct 24, 2024

Court of Appeal rejects appeal by mother over inclusion in pool of perpetrators

The Court of Appeal has rejected a mother’s appeal against a judge’s decision to place her in the “pool of perpetrators” of injuries inflicted on her youngest child, after the judge was unable to make a finding on the balance of probabilities whether the injuries were inflicted by her or her partner.
Oct 08, 2024

LGA calls for “emergency funding” in budget as child protection investigations reach record high

New figures published by the Department for Education show there were a record 225,400 child protection investigations in the year to 31 March 2023 in England – the equivalent of 617 a day - prompting the Local Government Association to call on the Chancellor to use the Budget to ensure councils are “fully funded and resourced to tackle the rising demand for support from vulnerable children”.
Sep 13, 2024

ADCS welcomes “long awaited” Government guidance on use of agency social workers

The Association of Directors of Children’s Services (ADCS) has welcomed the Government’s new statutory guidance for local authorities on the use of agency child and family social workers, observing that children and families benefit from having a “consistent” worker who builds a meaningful relationship with them.

  MORE FEATURES

October 23, 2024

Retraction of allegations and deficiencies in investigations

Edward Lamb KC and Tara Vindis analyse a recent Court of Appeal case that dealt with the retraction of allegations; burdens of proof and deficiencies in investigatory procedures relating to allegations of sexual abuse within a family.
October 23, 2024

Injuries and expert evidence

Matthew Timm reports on a Family Court ruling that followed a fact-finding hearing concerning injuries sustained by child M when he was eight months old.
October 23, 2024

Re-opening cases and findings

Sara Chalk summarises a Family Court ruling on an application by a mother to reopen findings in care proceedings that were concluded in 2023, on the grounds that she was unable to attend court, due to the absence of an intermediary.
October 18, 2024

The need for holistic analysis

Graeme Bentley examines the implications for local authorities and child protection professionals of a recent Court of Appeal decision on whether a child currently living in foster care in England pursuant to an interim care order, should move to live with his father in Italy.
October 04, 2024

The High Court on school exclusions

The High Court recently rejected a legal challenge by parents against a school over the permanent exclusion of their son. Joe Orme-Paul sets out the key takeaways.
October 04, 2024

Identification of the perpetrator

Gary Fawcett examines a Court of Appeal ruling allowing an appeal by a guardian in care proceedings against the failure of the first instance judge to identify the perpetrator of injuries to a child.
September 17, 2024

Local authority liability for abuse by kinship carers

If the DJ v Barnsley position stands, local authorities may see an increase in claims (including historical claims) brought by individuals alleging they were harmed in kinship foster care. Sarah Erwin-Jones explains why.
September 17, 2024

Looked after children and name changes

The High Court recently handed down its ruling in the first case to involve a change of both forename and surname in relation to a looked after child. Richard Harrington explains the outcome.
September 13, 2024

The use of Specific Issue Orders

Cecilia Barrett and Eleanor Howard consider the Court of Appeal’s recent decision in a case that concerned the use of Specific Issue Orders to give one parent ‘overriding parental responsibility’ to make decisions in specific circumstances.
August 21, 2024

The application of Public Law Outline PD12A

A Family Court Judge recently criticised the “manifest and wholly unconscionable” delay in a case where a new-born child remained in foster care for over two years. Vistra Greenaway-Harvey explains why.