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Risk assessments in care proceedings: L-G and Re T

Adrian Gordon considers two significant 2025 decisions of the Court of Appeal, which revisit some of the most fundamental considerations surrounding the application of s31 of the Children Act 1989 to the facts of every given case. Read more

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  FEATURES AND ANALYSIS

July 09, 2025

Neurodiversity in the Family Justice System Panel Discussion

42BR Barristers is pleased to present this online panel discussion exploring the next steps in advancing and sharing best practice to support the implementation of newly published guidance aimed at improving access to justice for neurodivergent individuals.
July 03, 2025

What might the public inquiry on child sexual exploitation look like

With the recent announcement that there will now be a national public inquiry into child sexual exploitation (CSE) Stephanie McGarry and Sarah Erwin-Jones look at what this means for those likely to be become involved and what Baroness Casey had to say in her recently published review into CSE.
July 03, 2025

Too much?

In the fourth and final article on a Court of Appeal judgment that involved an exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at the Court of Appeal view on whether a local authority accidentally accommodated the claimant.
June 27, 2025

The attendance of experts in family proceedings

Rosie Muncer looks at the lessons to be learned from how a High Court judge considered a case management application for the single joint experts in care proceedings to attend to give oral evidence.

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

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Jul 04, 2025

Court of Appeal allows appeal against BBC in open justice case

The Court of Appeal has allowed an appeal brought on behalf of two children against an order granting an application by the BBC for access to documents in care proceedings, and the partial variation of reporting restrictions on the basis that the open justice principle applied.
May 27, 2025

High Court rejects renewed application for deprivation of liberty of teenage girl

The High Court has refused to make an order permitting a local authority to continue depriving a 15-year-old girl of her liberty, finding that depriving a child of their liberty for “pure welfare reasons” or to prevent a child absconding does not come within article 5(1) of the Convention (right to liberty and security).
May 07, 2025

Ombudsman rejects father’s claim that council failed to consider his concerns that child was victim of Fabricated or Induced Illness (FII) by Proxy

The Local Government and Social Care Ombudsman has concluded that Lincolnshire County Council consulted medical professionals and considered a father’s concerns in line with relevant policies “without fault”, after he complained the council failed to consider his concerns that his child is a victim of Fabricated or Induced Illness (FII) by Proxy.
Apr 28, 2025

Judge dismisses application for declaration of non-parentage 

The Family Court has dismissed a man’s application for a declaration of non-parentage of a young boy, on whose birth certificate he appears as the father, finding it would not be in the child’s best interests for the application to proceed.

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June 27, 2025

Too little? When intervention is not required

In the third article on a recent Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the local authority responded.
June 18, 2025

The seven questions to address in a welfare analysis

A recent Court of Appeal decision highlights the importance of analysing all the factors in the welfare checklist when considering a care and placement order instead of an overreliance on the ‘risk of harm’ factor, and sets out a 7-step approach to this analysis. Victoria Holland examines the ruling.
June 18, 2025

Too late

In the second article of a series on challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the Court of Appeal dealt with the issue of whether a claim was brought out of time.
June 18, 2025

Expert fees in public law children cases

When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.
June 18, 2025

Too little? Or too late?

In the first in a series of articles, Catherine Rowlands examines a Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event.
June 06, 2025

Fact-finding hearings and allegations of rape

Although a private law children case, there are various points in a recent judgment from Mr Justice Hayden that are relevant to local authorities involved in public law children proceedings, write Joanna Thom and Harrison Engler.
May 21, 2025

Delay and the 26-week time limit

Katharine Brown looks at three recent decisions in which delay and the statutory time limit of 26 weeks for care proceedings were considered.
May 21, 2025

Infections and the broad canvas of evidence

The Court of Appeal has allowed an appeal by a local authority over a judge’s finding that a six-year-old girl had contracted gonorrheoa as a result of fomite transmission. Avaia Williams looks at the lessons from the ruling.
May 15, 2025

Care proceedings and mental health

Francesca Massarella calls for a change in the way poor mental health is perceived and approached, particularly before the point of care proceedings being issued.
May 09, 2025

Paediatric reports in care proceedings

A judge recently handed down a judgment that was scathing of expert paediatric evidence relied upon by the applicant local authority in a care proceedings matter. James Hoile explains why.
April 29, 2025

Recorded Webinar: Re M [2025] EWCA Civ 440

Rachel Chan and Gemma Farrington KC guide us through the recent appeal against a court decision refusing a mother's application for an intermediary to assist her during a fact-finding hearing.
April 15, 2025

A bird’s eye view

His Honour Richard Harper explains the purpose of his new book, The Family Court in Practice: a safeguarding guide for all practitioners working with children.
April 15, 2025

Intermediaries and the test of necessity

A recent Court of Appeal ruling has emphasised that there is no warrant for overlaying the test of necessity when it comes to the appointment of intermediaries. Holly Hilbourne-Gollop examines the judgment.