Category Archive: Care Proceedings

Jun 23

WALES/ENGLAND – Supreme Court considers future psychological harm and threshold criteria

Full analysis of the Justices’ speeches published on Family Law Week   The Supreme Court in Re B (A Child) UKSC 33 has dismissed an appeal by parents against a care order made in respect of their daughter on the basis of a risk to her of future psychological or emotional harm under section 31 …

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Permanent link to this article: http://operationfatherhood.org/family-law-public/care-proceedings/walesengland-supreme-court-considers-future-psychological-harm-and-threshold-criteria/

May 24

WALES/ENGLAND – Pre-proceedings process does not shorten care proceedings, research shows

But the process does succeed in diverting cases from court A major new research report on the pre-proceedings process shows how local authorities, lawyers and the courts have operated this part of the 2008 PLO reforms. The pre-proceedings process aimed to divert cases from care proceedings, alternatively to ensure applications were better prepared and narrow …

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Permanent link to this article: http://operationfatherhood.org/family-law-public/care-proceedings/walesengland-pre-proceedings-process-does-not-shorten-care-proceedings-research-shows/

May 22

ENGLAND – Breakdown of care applications by local authority shows wide variations across the country

Next step is to find the causes of variations, says ADCS Since 2008-09, the year of the “Baby P” case, care applications in England have risen by 70%.  During that period there has been a 64% rise in the number of applications per 10,000 children across local authorities. Statistics released by Cafcass list the number …

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Permanent link to this article: http://operationfatherhood.org/cafcass-england/england-breakdown-of-care-applications-by-local-authority-shows-wide-variations-across-the-country/

May 02

ENGLAND – Council pays five-figure sum to settle ‘failure to remove’ case

A local authority has settled a case where the claimant alleged that it had repeatedly failed to take her into care when she was young. The claimant, Collette Elliot, said she would continue to fight for an apology from Birmingham City Council. The local authority has paid a “five-figure sum” to Elliot. It denied that …

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Permanent link to this article: http://operationfatherhood.org/family-law-public/care-proceedings/england-council-pays-five-figure-sum-to-settle-failure-to-remove-case/

Apr 20

ENGLAND – High Court emphasises the local authority’s duty to consult appropriately before removing children subject to ICO

Court finds for mother in judicial review proceedings against council His Honour Judge Richardson QC, sitting in the High Court, has found against the local authority in R (on the application of H) v Kingston upon Hull City Council [2013] EWHC 388 (Admin). The judicial review proceedings were brought by a mother of two young …

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Permanent link to this article: http://operationfatherhood.org/family-law-public/care-proceedings/england-high-court-emphasises-the-local-authoritys-duty-to-consult-appropriately-before-removing-children-subject-to-ico/

Apr 16

ENGLAND – High Court agrees to transfer of care proceedings from Ireland to England

Cobb J examines law and procedure of BIIR in order to transfer jurisdiction   A recent case in the High Court – Re LM (A Child) [2013] EWHC 646 (Fam) – has demonstrated the effective use of Brussels IIR to effect a transfer of jurisdiction, with the approval of parties, from the Republic of Ireland …

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Permanent link to this article: http://operationfatherhood.org/family-law-public/care-proceedings/england-high-court-agrees-to-transfer-of-care-proceedings-from-ireland-to-england/

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