Monday, March 13, 2017

News Essentials: 13th March 2017


A brief summary of the essential family law news and cases from the last week:

NEWS
Munby: ‘judges should not have to justify themselves’
The most senior family judge has stepped into the controversy over press attacks on the judiciary, telling solicitors that judges should not have to justify their rulings – while conjuring a dystopian vision of judges being hauled on to Newsnight to defend themselves. Full story: Law Society Gazette.

Care applications in January 2017
In February 2017, Cafcass received a total of 1,134 care applications.  This figure represents an 8% decrease compared with those received in February 2016. Full story: Cafcass.

Cafcass private law demand
In February 2017, Cafcass received a total of 3,414 new private law cases. This is a 3% increase on February 2016 levels. Full story: Cafcass.

Trenchant comments from Cobb J in two decisions about Human Rights Act claims in care proceedings
Need for practitioners to review new or pending human rights claims attached to care proceedings. Full story: Family Law Week.

Teenager removed from foster parents without notice
Council criticised for failing to follow statutory children’s complaints process and for delay. Full story: Family Law Week.

Extra £20m pledged in budget for battle against domestic violence
Government marks International Women’s Day with measures including greater help for parents returning to work. Full story: The Guardian.

Police pensions: transfer values and pension sharing on divorce
HM Government Actuary's Department has published documents covering non-club transfer values and pension sharing on divorce in the 1987, 2006 and 2015 police pension schemes. Full story: Family Law Week.

CASES
C (A Child), Re [2016] EWHC 3473 (Fam) (08 March 2017)
Application by local authority under the inherent jurisdiction, to seek permission pursuant to section 100 CA 1989 to obtain the court's authorisation of what the local authority contended is child's deprivation of liberty in his current residential unit. Full report: Bailii.

U v J [2017] EWHC 449 (Fam) (08 March 2017)
Application by respondent to strike out petition for want of jurisdiction. Full report: Bailii.

SW & TW (Human Rights Claim: Procedure) (No.1) [2017] EWHC 450 (Fam) (08 March 2017)
Case concerning 2 children, involved in private law proceedings, public law proceedings and a claim for damages under the Human Rights Act, which suffered from a fundamental procedural defect. Full report: Bailii.

Cheshire East Borough Council v PN & Ors (Finding of fact) [2016] EWFC 61 (20 December 2016)
Care proceedings concerning a 9 month old child. Fact-finding hearing regarding cause of head injuries to the child. Full report: Bailii.

Cheshire East Borough Council v PN & Ors (Flawed Local Authority Assessments) [2017] EWFC 20 (03 March 2017)
Final hearing of care proceedings concerning 11 month old child. Hearing adjourned to allow further assessment of possible carers, following flawed assessments by local authority. Full report: Bailii.

B v G [2017] EWHC 223 (Fam) (17 January 2017)
Application by a former husband to vary an order for spousal and child periodical payments. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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