I am reliably informed that a court has in one case dealt with the issue of making a compensation payment to a parent whose child had been accommodated under s 20 for a long time without proper consent being obtained. The court has made both a costs order against the local authority and an award…
An issue recently arose in a case where a mother had agreed that her children should live temporarily with their grandmother, a month later gave s 20 consent for this and a month later the local authority issued proceedings. At the first hearing it was agreed that a child arrangements order should be made in…
As you will know if you look at my article on Interim Removal taking a child away before a final hearing is something of an uphill struggle. In C (A Child) (Refusal to Make an Interim Care Order) Mr Justice Holman declined to make an interim care order – though as he says himself – other judges…
Section 20 Children Act 1989 1. It is evident from recent case law that there is increasing judicial concern and dismay regarding the misuse and abuse of section 20 agreements by local authorities. There has been a host of recent cases in which local authorities have been criticised for the following: a. Accommodating children under…
Appealing on the basis of inadequate judicial reasons Magistrates must give written reasons for their decisions. Other Judges do not have to give reasons in writing but they must still give reasons and these will be tape recorded so that a transcript can be obtained. Courts do not usually announce their decisions and give reasons…
I came across a curious issue the other day. A solicitor representing the other side informed a litigant in person that under the rules, because he was unrepresented (he was by me, but by Direct Access), the solicitor was obliged to produce the bundle for the case (about contact). The rule says: Responsibility for…
Panorama on Monday 14th March is about Shaken Baby – 8.30 BBC 1
I am grateful to Nicola Jones-King of McMillan Williams & Jerry Bull of Atkins Hope who have provided the following thoughts on legal aid paying for judgment transcripts. The Legal Aid Agency’s position is that it will only cover a shared cost of transcript where it is needed to progress the case, and/or the reason…
Inspired by the The Syndrome screening I thought I would collect up a few useful resources on the topic of shaken baby, both legal and medical. For the moment I will concentrate on articles which are freely available but I will later produce a bibliography on articles which can be accessed through subscription websites such…
Me & my colleagues over at the Transparency Project have been discussing the vexed issue of transcripts of family court judgments NOT being published on Bailii and Paul McGrath has written about our project to research into this. I would love to hear about your experiences which I could then pass on to the TP…
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