News Essentials: 19th March 2022

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

NEWS

High Court dismisses claim that failure to ban unregulated placements for 16- and 17-year-olds was unlawful
Court rules government entitled to introduce law banning placements in independent living for under-16s but letting them continue for older children. Full story: Community Care.

Judge declares woman deceased after relatives raise concern about ‘rush to switch everything off’
A judge has ruled that a woman who suffered a brain haemorrhage is dead after doctors and relatives became embroiled in a treatment dispute. Full story: Care Appointments.

The Divorce, Dissolution and Separation Act 2020 (Commencement) Regulations 2022
These Regulations bring into force on the 6th April 2022 those provisions of the Divorce, Dissolution and Separation Act 2020 (c. 11) which are not already into force. Statutory Instrument.

Outdoor civil weddings and civil partnerships made permanent
Outdoor weddings at licenced venues in England and Wales will be legalised permanently after the change received overwhelming support from the public, faith groups and the wedding industry. Full story: Ministry of Justice.

Children to benefit from changes to Child Maintenance Service
Children of separated parents are set to benefit from changes to the Child Maintenance Service announced today (14 March 2022) as new powers are revealed. Full story: Department for Work and Pensions.

Message from Mr Justice Mostyn: amendments to standard orders
Amendments following the Guidance from the President’s Office “Liaison between Courts in England and Wales and British Embassies and High Commissions Abroad”. Full story: Courts and Tribunals Judiciary.

Women’s Aid responds to Human Rights Act reform consultation
Women's Aid has published a briefing note setting out its concerns in relation to proposals set out in the government's consultation on reform to the Human Rights Act. Full story: Family Law Week.

CMA raises concerns as to dysfunctional market for children’s social care placements
In March 2021 the Competition and Markets Authority (CMA) launched a study into children's social care and the placements available to children. Full story: Family Law Week.

Guidance from the President of the Family Division: liaison between the courts and British Embassies and High Commissions
The President of the Family Division has issued guidance regarding liaison between courts in England and Wales and British Embassies and High Commissions abroad. Full story: Courts and Tribunals Judiciary.

CASES

Pennine Care NHS Foundation Trust v Mrs T & Ors [2022] EWHC 515 (Fam) (11 February 2022)
Application by NHS Trust for declaration enabling them to use invasive medical procedure in attempt to preserve life of 17 year old woman. Full report: Bailii.

MOGA v. POLAND - 80606/17 (Judgment : Article 8 - Right to respect for private and family life : First Section Committee) [2022] ECHR 241 (17 March 2022)
Case concerning the alleged lack of swift examination by the domestic court of “wrongful child abduction” proceedings under the Hague Convention. Held that there had been a violation of Article 8. Full report: Bailii.