Tuesday, August 20, 2013
News Update: 20th of August 2013
WELCOME to this week's Family Lore News Update.
Thousands of police officers to get special training in child protection following series of cases
More than 4,000 police officers are to be trained in specialist child protection following a series of abuse scandals. Full story: Daily Mail.
Families struggle as cost of child raising reaches £148,000
Families are struggling as the cost of bringing up a child has risen to £148,000, according to research for the Child Poverty Action Group. Full story: BBC News.
International workshop calls on governments to promote shared parenting
New organisation seeks to bring together the best evidence-based research on share parenting. Full story: Family Law Week.
Charging parents for care undermines social work and does not save money, councils find
At least three local authorities have stopped charging parents whose children go into care after finding the plans failed to deliver benefits. Full story: Community Care.
Full Judgment published in multi-million financial provision case
King J delivers withering criticism of Husband’s litigation misconduct and orders award worth £54 million to wife. The M v M case - see below. Full story: Family Law Week.
Having siblings reduces chance of divorce, according to new research
Growing up with siblings may provide some protection against divorce as an adult, according to a new study. Full story: Family Law.
Court gives go-ahead for sterilisation of disabled man in legal first
A High Court judge has for the first time sanctioned the sterilisation of a man because it is “in his best interests”. The DE case - see below. Full story: The Independent.
Doncaster slams legal flaws in DfE plan to outsource children's services
The Government’s proposed model for children’s services in Doncaster has “considerable limitations and legal complications”, the local authority has warned. Full story: Local Government Lawyer.
New mark to help separated parents choose the best support to work together in the interests of their children
Two charities, Relate and Family Live, are among the first organisations to be awarded a new mark for their work in helping support separated families. Full story: GOV.UK.
Government considers next authorities for Doncaster-style intervention
The government is considering taking failing children’s services out of local control at a handful of councils, local government children’s services chief David Simmonds has said. Full story: Children & Young People Now.
More councils look at care charges for parents
Further councils are considering introducing a controversial system of charging parents if their children are taken into care, CYP Now has learned. Full story: Chuldren & Young People Now. see also the blog post, below.
Saward v Saward  EWCA Civ 1060 (2 July 2013)
W's application for permission to appeal against the setting aside of a decree nisi, the W maintaining that the English court did have jurisdiction to entertain divorce proceedings because the H was habitually resident in the UK. Application refused. Full report: Family Law Hub.
R (Children)  EWCA Civ 1018 (16 July 2013)
Appeal by mother against Care and Placement orders. Appeal dismissed. Full report: Family Law Week.
IA (a Child)(Fact finding; Welfare; Single hearing; Experts reports), Re  EWHC 2499 (Fam) (07 August 2013)
Care proceedings in case where the parents' first child had died, having received injuries which were considered to be non-accidental. Full report: Bailii. See also the blog post, below.
A NHS Trust -v- DE (Appearing by his Litigation Friend the Official Solicitor) & others  EWHC 2562 (Fam) (16 August 2013)
Application by NHS Trust for declaration that a 37 year-old man who suffers from a learning disability should undergo a vasectomy. Full report: Judiciary of England and Wales (PDF). (HTML version here.) See also the news story above and the blog post, below.
Roberts, Re  EWCC 1 (Fam) (19 June 2013)
Judgment in respect of breaches of an order and undertaking which were intended to protect a child in care. Full report: Bailii.
M -v- M and Yuri Barkov and others  EWHC 2534 (Fam) (14 August 2013)
Financial remedies claim by wife in case involving identified assets of £107 million. Wife awarded half. Full report: Judiciary of England and Wales (PDF) (HTML version here). See also the news story above and the blog post, below.
An NHS Trust v L & Ors (Rev 1)  EWHC 4313 (Fam) (08 October 2012)
Application by NHS Trust for a declaration that in the event of a patient suffering a cardiac arrest and/or a respiratory arrest and/or other serious deterioration in his condition, it would not be in his best interests for active resuscitation and/or other similar treatment to be provided. Full report: Bailii.
Re B (A Child): Who Held What in the Supreme Court?
Frank Feehan QC and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal. Full article: Family Law Week.
Children: Private Law update (August 2013)
Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance. Full article: Family Law Week.
View from the President's Chambers 5
The process of reform : London. Full article: FLBA (PDF).
Judicial review – guidance on foster care allowances for family members
R (X) v London Borough of Tower Hamlets  EWCA Civ 904 raises the specific question of a council's power to fix foster carer allowances and fees; and more generally the extent to which a public body may diverge from guidance issued by the relevant minister. Full article: Family Law.
Capacity and Vasectomy
The decision in Re DE 2013 [above], and issues arising from this. Full post: suesspiciousminds.
What the Court want from experts, and other adventures in judicial ass-whupping
The guidance given by the High Court in Re IA (A Child: Fact Finding: Welfare: Single Hearing : Experts Reports) 2013 [above]. Full post: suesspiciousminds.
M v M: "A fantastic charade with the husband a shady puppet master in the background"
The eagerly-anticipated report in the record-breaking financial remedies case M v M [above] has now been published on the Judiciary of England and Wales website. Full post: Family Lore.
“Hope your child enjoyed their stay, now if you could just settle your bill, please”
The legal implications of the mooted proposals from Worcestershire to charge parents for voluntary foster care. Full post: suesspiciousminds.
Guidance to Local Authorities where one parent murders the other
The High Court addressed the issue in Re N v B and Others 2013. Full post: who else but suesspiciousminds? (If this boy doesn't win the Commentator of the Year Award there's no justice in the World.)