13 results
22 Sep 2021 16:06
MBC V AM & ORS (DOL ORDERS FOR CHILDREN UNDER 16) [2021] EWHC 2472 (FAM)Lorraine Cavanagh QC led Shaun Spencer in their representation of three of the four local authorities in cases selected to test the point as to whether the High Court’s inherent jurisdiction could continue to authorise a Deprivation of Liberty of a child under the age of 16 in an unregistered more...
4 Aug 2021 14:53
Latest Law Pod UK: Care orders and newborn babiesIn the second of their series of family law podcasts, Clare Ciborowska and Richard Ager of 1 Crown Office Row Brighton discuss the vexed area of care proceedings where it is considered necessary to take a baby away from its mother for the infant’s safety. The law on newborns is pretty thin and the more...
29 Jul 2021 14:31
The discordant and disproportionate ways the criminal law, private law children and public law children systems treat domestic abuseThe criminal law, private law children, and public law children systems treat domestic abuse cases and those embroiled in them, including children, in discordant and disproportionate ways. I was struck by this thought when writing a short article about the passage of the Domestic Abuse Bill for more...
Safety From domestic Abuse and Special Measures in Remote & Hybrid Hearings (November 2020)
wriiten by Sima Najma (Chambers of Mr Michael Cogan) Most practitioners will be aware of the helpful guidance published on Tuesday 10th November by Sir Andrew McFarlane (President of the Family Division) with the assistance of the Domestic Abuse Working Group of the Family Justice Council in more...
7 Nov 2019 10:47
Children Act 1989 and a child’s rights thirty years laterChild rights in 2019 The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of ‘understanding’), judges, social workers, health more...
26 Jun 2019 15:52
Deprivation of liberty where a child is not subject to a care orderA City Council v LS [2019] EWHC 1384 (Fam) Shaun Spencer represented KS, a 17-year-old who was deemed to be at risk of grave harm due to his involvement with an Organised Crime Gang. The Local Authority sought the authority to place KS in secure accommodation. The application was successfully more...
Placement in Ghana: proportionality, human rights and the guardian
I have written an article on the case of Re A (A child) [2018] EWHC 3625 (Fam) on the Garden Court Chambers website: Racism in this country is subtle and pervasive. It is not a sign that says ‘No Blacks, No Dogs, No Irish’. It is not (at least not always) a racially motivated attack on the streets. more...
1 Feb 2019 11:34
Child Protection and the Family Court: What You Need to KnowWe are delighted to announce that Child Protection and the Family Court: What You Need To Know is out now. The 3rd edition is authored by Rt Hon Sir Andrew McFarlane, Madeleine Reardon (1 KBW) and Alex Laing (Coram Chambers). Child Protection and the Family Court - What You Need To Know gives more...
23 Jan 2019 10:18
Sentence increased for defendant in latest Operation Pallial hearingIn the latest hearing into allegations of historical abuse in the north Wales care system, a man previously convicted of serious sexual abuse and indecent assault at a care home in Wrexham, has had his sentence increased from three and a half years to five years and 10 months. Catherine Donnelly more...
30 Oct 2018 11:39
Magdalen Chambers are again ranked as a leading set by the Legal 500 for 2018Leading set Western Circuit Bar Magdalen Chambers has solid expertise in civil and family law; recent instructions include care proceedings and financial remedy matters. Property law cases are prominent on the civil side, however, members are well versed in commercial, insolvency and planning more...
Statutory Charge: Care Costs and Human Rights Act Applications
This is a short note following the further guidance in this area set down by Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018). http://www.bailii.org/ew/cases/EWHC/Fam/2018/1628.html and the Legal Aid Agency position: http:/ more...
10 Aug 2018 15:53
Further judgment handed down in Re A-FFurther to our news article from February Re A-F [2018] EWHC 138 (FAM) Sir James Munby has handed down judgment in the second part of the Deprivation of Liberty test cases Re A-F (Children) (No.2). Frances Heaton QC and Kate Burnell were instructed for the Children’s Guardians and Shaun Spencer for more...
How voluntary is voluntary accommodation?
Section 20 of the Children Act 1989 continues to provide comfort and concern in equal measure.Section 20(1) Children Act 1989 provides: (1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of — (a) more...
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