News Essentials: 22nd October 2018

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

Woman with learning difficulties not told she had contraceptive device covertly fitted
A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled. Full story: The Telegraph. See report, below.

Research launched to assess whether biased advice is distorting access to justice
A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice. Full story: Family Law.

“Vulnerable children will be victims” of Government’s failure to provide clarity - Lords warn Government over family justice system after Brexit
A “worrying level of complacency”, lack of clarity, and inadequate advice will have a devastating knock-on effect on the UK family law courts, and ultimately children – warns the House of Lords EU Justice Sub-Committee. Full story: House of Lords.

Munby troubled by Court of Protection cases being 'transferred up'
Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act - a practice that the former president of the family division finds 'deeply troubling'. Full story: Law Society Gazette.

Senior Family Liaison Judge appointed
Mrs Justice Theis has been appointed as the Senior Family Liaison Judge with immediate effect for a 4 year period. Full story: Courts and Tribunals Judiciary.

C (An Infant), Re [2018] EWHC 2750 (Fam) (17 October 2018)
Judgment concerning withdrawal of medical treatment for two month old child with brain abnormality. Full report: Bailii.

H (Children) [2018] EWFC 61 (18 October 2018)
Care proceedings concerning two children, which took 116 weeks to resolve. Judgment considering what could be done to avoid delay, particularly caused by concurrent criminal proceedings. Full report: Bailii.

Y (Autism -Care Proceedings- Deprivation of Liberty), Re [2018] EWHC B63 (23 April 2018)
Application for care order in respect of an autistic young person, and for an order declaring that it is lawful for the local authority to deprive him of his liberty. Full report: Bailii.

P (Sexual Relations and Contraception) v.2 [2018] EWCOP 10 (18 April 2018)
Judgment in long-running proceedings involving a vulnerable young woman, addressing issues concerning her sexual relationships and the covert insertion of a contraceptive device. Full report: Bailii.

RJ v CM [2018] EWHC 2509 (Fam) (24 July 2018)
Appeal by mother against refusal to adjourn fact-finding hearing in child arrangements proceedings. Appeal dismissed. Full report: Bailii.

A (A Child) [2018] EWCA Civ 2240 (16 October 2018)
Appeal against SGO in favour of foster carer, rather than child's maternal family in Ghana. Appeal allowed. Full report: Bailii.

Jay v Secretary of State for Justice [2018] EWHC 2620 (Fam) (08 October 2018)
Appeal against refusal of application for a gender recognition certificate. Appeal allowed. Full report: Bailii.

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