Final Care Order: Legal Summary Introduction: care by the birth family 1) In considering any care application where the local authority suggests that a parent is not able to manage the care of a child, the court will no doubt wish to analyse the case with reference to what Hedley J had to say in…
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…
Re D (Care or Supervision Order) [1993] 2 FLR 423 The father had a conviction for cruelty to a child and had served 18 months when a child in his care died. The LA was concerned for the safety of a different child of a relationship between the father and a different mother. An interim…
LEGAL PRINCIPLES RE INTERIM HEARINGS & REMOVAL OF CHILDREN FROM PARENTS (as at 17.03.23) INTERIM THRESHOLD Threshold Criteria – Section 31(2) Children Act 1989 (a) the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm or the likelihood of harm is attributable to – Harm –…
RELEVANT LAW The law relevant to fact finding hearings of this nature can be summarised as follows. I should have in the forefront of my mind the provisions of Articles 6 and 8 of the ECHR. In particular it is important that I ensure that any person who might be affected adversely by my judgment,…
Letters of Instruction to Expert Witnesses 09.03.23 Introduction The draft letter below and the commentary takes account of the Public Law Outline, the Practice Directions relevant to experts in Family Proceedings (PD 25 A-F) (https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_25) & previous Family Justice Council guidance now contained at the end of Practice Direction 25C. At the end of this…
SEDLEY J (AS HE THEN WAS) THE LAWS OF DOCUMENTS FIRST LAW: Documents may be assembled in any order, provided it is not chronological, numerical or alphabetical. SECOND LAW: Documents shall in no circumstances be paginated continuously. THIRD LAW: No two copies of any bundle shall have the same pagination. FOURTH LAW: Every document shall…
Medical Abbreviations & Hieroglyphs Below you can find a list of abbreviations used in medicine. +++ Much / many / present in excess # Fracture ∆ Diagnosis Diff ∆ or ∆∆ Differential diagnosis Px Nil / nothing / no J° No jaundice ↑ Up / increasing N, → Down, decreasing ┴ Central (of the trachea)…
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