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Fact-finding hearings and medical evidence

Stephen Crispin and Matthew Brookes-Baker analyse the outcome of a fact-finding hearing in care proceedings concerning allegations that one or other of the parents had deliberately inflicted injury to a non-mobile infant. Read more

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  FEATURES AND ANALYSIS

April 12, 2024

Assessing allegations of non-accidental injury

The Court of Appeal recently allowed an appeal by the mother against a finding that injuries to a child were caused by one of six relatives who were present, rather than accident. Sara Chalk analyses the judgment.
March 26, 2024

The Family Court and Domestic Abuse – Any change?

Hannah Rought-Brooks looks at recent developments in relation to the Istanbul Convention on preventing violence against women, and sets out the key recommendations from an important report published by the Domestic Abuse Commissioner.
March 26, 2024

Lieven J puts the (Cheshire West) cat amongst the pigeons

A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.
February 22, 2024

Surrogacy and step-parent adoption applications

A High Court judge has said that whilst many surrogacy arrangements work very successfully, a recent case before her provided a graphic illustration of the difficulties that can be encountered if the arrangement breaks down. Eleanor Suthern analyses the ruling.

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Apr 02, 2024

High Court allows parental order application despite existence of US adoption order

The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.
Mar 18, 2024

Judge dismisses 'failure to remove' negligence claims on basis councils were prejudiced by 36-year delay between expiry of limitation period and issue of proceedings

The High Court has dismissed common law negligence claims against two councils alleging they should not have placed the claimant with his mother, with the judge concluding that the delay between the expiry of the limitation period and the issue of proceedings had had a detrimental effect on the evidence and availability of key witnesses. In TA v Westminster City Council & Anor [2023] EWHC 3267…

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February 22, 2024

Surrogacy and step-parent adoption applications

A High Court judge has said that whilst many surrogacy arrangements work very successfully, a recent case before her provided a graphic illustration of the difficulties that can be encountered if the arrangement breaks down. Eleanor Suthern analyses the ruling.
February 22, 2024

Deprivations of liberty and the lack of placements

The placement of young people with complex needs is a problematic area that continues to cause concerns for all professionals and services. Frequently, the judiciary must adjudicate on whether they should use their inherent jurisdiction to deprive a child of their liberty. Queenet Awesu considers a recent Family Division ruling.
January 25, 2024

Children law update

Michael Jones KC analyses the latest public law children cases of interest to practitioners.
January 25, 2024

Obtaining evidence from children

Mrs Justice Lieven recently set out a realistic approach to obtaining evidence from children. Holly Hilbourne-Gollop analyses the ruling.
January 25, 2024

HXA and YXA in the Supreme Court

A recent Supreme Court ruling was very helpful for local authorities and their insurers but may not be the last word on ‘failure to remove’ claims, writes Paul Stagg.
January 25, 2024

Placement orders: a rare sighting

A recent Court of Appeal judgment puts a spotlight on applications for the revocation of placement orders, writes Molly Gill.
January 24, 2024

Transparency in the Family Courts: The Reporting Pilot Rollout

Feargus Campbell provides a brief overview of the existing statutory framework governing attendance and confidentiality in the Family Courts before considering the Reporting Pilot and the associated ‘Transparency Order’, in the hope of demystify this brave new world.
January 05, 2024

Interim removal of children

A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.
November 28, 2023

Ethnic inequalities and section 20 voluntary arrangements

Dr Charlotte Edney explores whether the ethnic inequalities uncovered in public law extend to section 20 voluntary arrangements, and explains why further research to understand ethnic inequalities is critical.
November 28, 2023

FGM and local authorities

Charlotte Baker looks at the important role of local authorities in tackling FGM.
November 28, 2023

Fathers without PR: where do they stand?

Jennifer Swan analyses a Court of Appeal ruling on whether a father without parental responsibility should be joined as a party to care proceedings.