News Essentials: 15th October 2022

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

NEWS

‘Simplistic and optimistic’ approach to domestic abuse evident in serious cases, warns national panel
Practitioners use term 'domestic abuse' without exploration and understanding of impact on children, amid lack of multi-agency response and overemphasis on physical violence, finds study of 72 case reviews. Full story: Community Care.

Third of co-owning UK couples who break up forced to stay living together
Getting out of joint mortgage, lack of savings and cost of paying for new place main obstacles to leaving, survey finds. Full story: The Guardian.

JUSTICE publishes report on Improving Access to Justice for Separating Families
Today JUSTICE publishes its latest report Improving Access to Justice for Separating Families. The report makes 43 ambitious but realistic recommendations related to child arrangements problems and their resolution in England and Wales. Full story: JUSTICE.

Judge approves unlawful placement for girl, 13, at risk of suicide
Mr Justice Poole says lack of therapeutic homes for children is ‘scandalous’ as he sanctions unregulated accommodation. Full story: The Guardian.

Litigant spared jail for abusing judge during phone hearing
A father in a family case who told a district judge to ‘get fucked’ has been found in contempt of court - but spared an immediate prison sentence. Full story: Law Society Gazette.

Council houses perpetrator's relative in same street as abuse victim
A domestic abuse victim and her children were "forced to flee" their new home when the council moved the perpetrator's relative into their road. Full story: BBC News.

BBC questions efficacy of using court orders to protect victims of domestic abuse
The BBC has published an article questioning the efficacy and use of court orders to protect victims of domestic abuse from their perpetrators. Full story: Family Law Week.

Ofsted announces new inspection focus on early help for children and families
Ofsted has announced that the new focus of its multi-agency inspections will be early help given to children and families to reduce risks and meet their needs. Full story: Family Law Week.

Senior high court judge to address issues in ‘parental alienation’ cases
Legitimacy of court-appointed ‘experts’ to come under review after mother loses custody appeal. Full story: The Guardian.

CASES

XY Council v MN & Ors [2022] EWHC 2576 (Fam) (29 September 2022)
Application by local authority for declarations under the inherent jurisdiction of the High Court authorising deprivation of liberty in relation to a 12 year old girl. Full report: National Archives.

Great Ormond Street Hospital for Children NHS Foundation Trust v A Local Authority & Ors [2022] EWHC 2596 (Fam) (13 October 2022)
Application by NHS Trust for declarations relating to the treatment of a 5 year-old girl with complex medical problems. Full report: National Archives.

Nottingham County Council v OA & Anor [2022] EWFC 102 (17 August 2022)
Application by local authority for an FGM Protection Order in relation to a 17 month old child. Application dismissed. Full report: National Archives.

Manchester City Council v K (J's Mother) & Ors [2022] EWFC 121 (12 October 2022)
Application by local authority for the court to authorise the continued deprivation of child’s liberty at the hospital where she currently lives, and then at an unregulated placement. Full report: National Archives.

F v M [2022] EWHC 2564 (Fam) (6 September 2022)
Application by father for permission to appeal order giving mother permission to relocate with the children permanently to another country. Permission granted, but appeal dismissed. Full report: National Archives.

Re X (A Child) (Placement application: LIFT assessment) [2022] EWFC 117 (15 September 2022)
Final hearing of care proceedings concerning child born in 2020, including critical discussion of LIFT assessments and the BeST? research programme. Full report: National Archives.

Re: David Duggan (Contempt in the face of the Court) [2022] EWHC 2529 (Fam) (7 October 2022)
Hearing of contempt summons relating to conduct of the defendant at a case management hearing within family proceedings. Full report: National Archives.

Brady v Jackson [2022] EWCA Civ 1301 (23 February 2022)
Appeal from committal order made upon hearing judgment summons issued by wife in relation to husband's failure to comply with financial orders. Appeal dismissed. Full report: Bailii.

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