News Essentials: 13th November 2021

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

NEWS

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals
A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational. Full story: Local Government Lawyer.

Thousands of victims of domestic abuse ineligible for legal aid ‘forced to stay with abusers’
Thousands of victims of domestic abuse are being “badly let down” by the legal aid system and forced to remain with their abusers because they cannot afford representation in court, a charity boss has warned. Full story: Care Appointments.

President of the Family Division: Witness Statements
The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards. Full story: Courts and Tribunals Judiciary.

President of the Family Division: Drafting Orders
The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out the approach for drafting orders in the Family Court, in order to mitigate a number of problems. Full story: Courts and Tribunals Judiciary.

Judge issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President
A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division. Full story: Local Government Lawyer.

Wellbeing is a two-way street, judge tells 'wildly optimistic' lawyers
A judge who finished hearing a case at 6pm has told lawyers to stop underestimating the time it takes to deal with interim applications - and to remember that wellbeing goes both ways. Full story: Law Society Gazette.

Parents could face costs order for clogging up family court
Parents thought to be unnecessarily clogging up the courts could face financial penalties under plans reportedly being drawn up by the lord chancellor. Full story: Law Society Gazette.

More specialist support for LGBT+ victims of domestic abuse needed: Domestic Abuse Commissioner
The Domestic Abuse Commissioner has launched a new report produced by the charity Galop which shows the need for more specialist support for LGBT+ victims of domestic abuse. Full story: Family Law Week.

£12 million Transformation Fund launched to support family hubs
The Department for Education has launched a £12 million Transformation Fund to support around 12 local authorities in England to open family hubs. Full story: Family Law Week.

Government publishes report showing progress under Istanbul Convention
The Home Office has published its fifth report showing the UK's progress toward ratification of the Council of Europe Convention on Preventing Violence Against Women and Domestic Violence ("the Istanbul Convention"). Full story: Family Law Week.

Developing and Maintaining Relationships for Care-Experienced People report published
A recent roundtable event, chaired by John Simmonds, Director of Policy, Research and Development at Coram BAAF, and organised by University College London, brought together care-experienced people, academics, policy makers and practitioners. They discussed how to improve the relational experiences of children in care and those who have spent time in the care system through changing policy and practice. Full story: Family Law Week.

Legal aid: launch of high cost family fixer service
The Legal Aid Agency has launched a new 'fixer service' to help providers who hold high cost family case contracts. Full story: Family Law Week.

Launch of campaign to tackle violence against women delayed
A UK Home Office strategy to target perpetrators of misogynistic crimes that was unveiled in July will not be up and running until next year. Full story: The Observer.

CASES

Z, Re (Fact Finding, Fatal Head Injury, Domestic Abuse) [2021] EWFC 92 (18 August 2021)
Fact-finding hearing in care proceedings case in which a sibling of the children had suffered fatal head injuries. Full report: Bailii.

T v T (variation of a pension sharing order and underfunded schemes) [2021] EWFC B67 (10 November 2021)
Application by husband for variation of pension sharing order made in 2015 but not implemented, the value of the pension having increased substantially from the figure used at court. Application dismissed. Full report: Bailii. See also my note, here.

FA v MA [2021] EWHC 3024 (Fam) (10 September 2021)
Application by father seeking return of 13 year old child from Nepal. Judgment considering issue of jurisdiction. Full report: Bailii.

A v M [2021] EWFC 89 (05 November 2021)
Final hearing of wife's financial remedies application, in case involving properties in several countries, two private equity funds, various trust funds, and costs application by H re: W's failure to negotiate reasonably.  Also includes judicial comment on anonymisation of financial remedies judgments (see this post). Full report: Bailii.

PZ (A child) [2021] EWHC 2294 (Fam) (26 July 2021)
Application by NHS Trust for a declaration that it is in best interests of 6 month old child with severe congenital condition for life-sustaining medical treatment to be withdrawn, and for a palliative care regime to be implemented. Full report: Bailii.

N (Children: Refusal of Placement Orders) [2021] EWCA Civ 1652 (09 November 2021)
Appeal by local authority from refusal of application for placement orders in respect of children aged 2 and almost 4. Appeal allowed. Full report: Bailii.

C (Looked After Child) (Covid-19 Vaccination) [2021] EWHC 2993 (Fam) (09 November 2021)
Application by local authority for authorisation to give Covid-19 vaccination to 12 year-old child, despite mother's objection. Full report: Bailii.