News Essentials: 31st July 2021

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


Supreme Court upholds the use of the inherent jurisdiction to authorise the deprivation of liberty of 15-year old
The Supreme Court has dismissed the appeal of a 15-year old who was accommodated in a placement in England which was not a registered children's home or approved for use as secure accommodation, in circumstances which involved her being deprived of her liberty. Full story: Family Law Week.

Homeless services to support women experiencing domestic violence ‘often neglecting’ victims
Women experiencing domestic violence should be given more help to stay in their homes if they wish to do so while their abuser is moved away to prevent them being driven into homelessness, experts have said. Full story: Care Appointments.

Legal aid needs urgent reform to secure fairness of the justice system: Commons Justice Committee
Legal aid is in urgent need of reform to protect the fairness of the justice and to ensure that the most vulnerable can have access to justice, a report by the House of Commons Justice Committee has found. Full story: Family Law Week.

Councils face legal action on ‘lack of local accommodation for children in care’
Councils are facing legal challenges over accusations they are failing to provide enough local accommodation for children in their care. Full story: Care Appointments.

Family lawyers unite to improve judicial diversity in private FDR hearings
Family lawyers have joined forces to improve the diversity of judges chosen for private dispute resolution hearings on financial matters amid concern that men are nearly always picked. Full story: Law Society Gazette.

Child Support Agency quarterly summary of statistics: March 2021
Quarterly statistics on the progress of the Child Support Agency (CSA) child support schemes to March 2021. Full story: Department for Work and Pensions.

Families across England to receive better support to adopt
Government’s National Adoption Strategy to improve experience for children and families in the adoption system. Full story: Department for Education.

Law Commission recommends reforms to protect victims of online abuse

The Law Commission has recommended reforms to communications offences to target serious harms arising from online abuse, while more effectively protecting the right to freedom of expression. Full story: Family Law Week.

Tackling violence against women and girls strategy
The document is the new strategy covering the government’s plan to tackle violence against women and girls. Full story: Home Office.


T (A Child), Re [2021] UKSC 35 (30 July 2021)
Appeal concerning issue of whether the exercise of the inherent jurisdiction to authorise a child's placement in unregistered secure accommodation was lawful, in circumstances where insufficient places were available in registered secure children's homes. Full report: Bailii.

North Yorkshire County Council v M & Ors (Medium Secure Bed) [2021] EWHC 2171 (Fam) (30 July 2021)
Application by LA re: deprivation of liberty of 15 year old. Full report: Bailii.

P and Q, Re (Hague Convention: Consent) [2021] EWHC 2184 (Fam) (30 July 2021)
Father's application for summary return of children to USA. Application dismissed. Full report: Bailii. See also here for judgment on mother's application for costs.

X v Y (Restraining Abuse of Children's Guardian) [2021] EWHC 2139 (Fam) (29 July 2021)
Application by Children's Guardian for injunction preventing father from, inter alia, publishing material that identifies child as having been the subject of proceedings before the Family Court. Full report: Bailii.

AR (A Child), R (On the Application Of) v London Borough of Waltham Forest [2021] EWCA Civ 1185 (30 July 2021)
Appeal against dismissal of claim for judicial review, brought on the ground that the LA does not have a reasonable system in place for the provision of secure accommodation to meet requests for such accommodation made by the police. Full report: Bailii.

H-D-H and C, Re (Children: Fact-Finding) [2021] EWCA Civ 1192 (30 July 2021)
Hearing of two appeals by LA in care proceedings against decision that the court would not investigate and make findings of fact about a serious allegation. Full report: Bailii.

YW (A Child), Re (Adequacy of Reasons) [2021] EWCA Civ 1174 (30 July 2021)
Appeals against findings made in care proceedings. Appeals allowed. Full report: Bailii.

Azarmi-Movafagh v Bassiri-Dezfouli [2021] EWCA Civ 1184 (30 July 2021)
Financial remedies. Appeal by husband against imposition of charge on property in favour of wife, to cover part of lump sum payable to him by wife to cover his debts, including costs. Appeal allowed. Full report: Bailii.

S, Re (Change of Surname : Child in Foster Care) [2021] EWFC B42 (14 July 2021)
Hearing of father's application for PR + LA's application for permission to change the child's name. Full report: Bailii.

Cambridge University Hospitals NHS Foundation Trust & Anor v GD & Anor [2021] EWHC 2105 (Fam) (09 July 2021)
Application by NHS Trust for orders relating to treatment of 17 year old, following concerns that she will refuse treatment for her severe multiple sclerosis. Full report: Bailii.

A Child (Special Guardianship Order) [2021] EWFC B41 (26 February 2021)
Final hearing of care proceedings concerning child born in 2019. Special guardianship order made in favour of maternal grandmother. Full report: Bailii.

Y v Secretary of State for Works and Pensions (Child Maintenance Service) [2021] EWFC B40 (28 July 2021)
Child support. Appeal by father against deduction order, on basis that he was not a non-resident parent when the arrears accrued. Appeal allowed. Full report: Bailii. See also my brief note, here.

P (A Child) (Abduction : Inherent Jurisdiction) [2021] EWCA Civ 1171 (28 July 2021)
Appeal by mother against orders for return of child to India and refusing return of child to USA. Appeal dismissed. Full report: Bailii.

K and L (children : care proceedings) [2021] EWFC B39 (20 July 2021)
Care proceedings relating to 2 children, aged 15 and 9. Fact-finding hearing relating to the forced marriage of older child. Full report: Bailii.

IG (Child Abduction Habitual Residence Article 13b) [2021] EWCA Civ 1123 (27 July 2021)
Appeal by mother against order for the summary return of her son to South Korea. Appeal allowed, on basis that the judge's assessment of the Article 13(b) defence was flawed. Full report: Bailii.