Legal Updates

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Articles 61 to 80 of 102

Children and parents claim right to sue for psychiatric harm from false abuse accusations

The court of appeal considered three cases where parents claimed damages for psychiatric harm alleged to have been caused by false allegations of abuse against their children.

Posted: 18 August 2003 | Full Article

Seclusion of mental health patients unjustified, court rules

In the case of S v Airedale NHS Trust a young mental health in-patient challenged his detention in seclusion by the trust while they sought a more suitable placement to meet his needs. The high court rejected the claim, saying that not all cases of seclusion would amount to a breach of article 3 of the European Convention of Human Rights (ECHR). In the case of “S”,  he found that the conditions were not poor enough to constitute a breach of article 3, and that to a degree the conditions of the detention were caused by S’s lack of cooperation. He “anxiously scrutinised” the evidence to decide whether the continuation of the seclusion was reasonable and lawful, and decided in the circumstances where the trust was actively looking for a suitable placement, that resources were a factor which should be taken into account when deciding on the legality of the trust’s actions. He concluded that the trust had acted lawfully, but warned that this should not be a

Posted: 07 August 2003 | Full Article

Court backs council in adoption dispute

In R(W) v Leicestershire council [2003] EWHC 704 the high court had to consider whether it was proper to remove children from a carer who had expressed a wish to adopt children.

Posted: 05 August 2003 | Full Article

Draft proposals for new mental incapacity laws published

An outline of the main legal provisions in the bill

Posted: 21 July 2003 | Full Article

Councils scrutinised over deportation decisions

The recent case of M v LB of Islington (5 June 2003) is further case which highlights the care that a council must take when it proposes that it is in the interests of a child to leave the UK and return, with his or her mother or father, to that parent’s homeland.

Posted: 18 June 2003 | Full Article

Council censured by judge over "obstruction" to care case

Local authority censured over "defensive and obstructive" approach to care proceedings, after foster father arrested on suspicion of child pronography offences.

Posted: 12 June 2003 | Full Article

Judge backs council decision to close centre for older people

Councils must consider all the right issues when making a decision to close a long term residential care home for older people.

Posted: 30 May 2003 | Full Article

Lords consider housing duty for councils under children act

The House of Lords has finally heard three linked cases which may have important repercussions for the way part III of the Children Act 1989 is interpreted by local authorities.

Posted: 29 May 2003 | Full Article

Courts consider power of social services to remove children at birth

In a decision in the high court in April 2003 Mr Justice Munby ruled that a local authority could remove a child at birth, but in the particular case, they had to allow the parents daily contact and let the mother breastfeed.

Posted: 19 May 2003 | Full Article

Lords rule both parents can be held accountable for harming child

Where, in proceedings for a care order under the Children Act 1989, the court could not decide which parent had caused "significant harm" to the child, it should proceed on the footing that each parent was a possible perpetrator. That was the unanimous decision of the House of Lords in the cases of Re O and N and Re B.

Posted: 01 May 2003 | Full Article

Court considers power of adoptive parents to change child's name

The surname of the child is normally changed to that of the adopters on the making of the adoption order.

Posted: 14 April 2003 | Full Article

Judge rules man with learning difficulties should receive medical treatment

In the case of An NHS Hospital Trust v S (6 March 2003) the president of the family division of the high court had to decide the difficult question of the best interests of a young adult who suffered from learning difficulties and from autism.

Posted: 21 March 2003 | Full Article

Analysis of ombudsman report on long term care

The health service ombudsman said many people have been wrongly refused funding for long term care from the NHS.

Posted: 12 March 2003 | Full Article

Councils given power to accommodate children in need

Children act amended to allow local authorities to provide accommodation to children in need.

Posted: 21 February 2003 | Full Article

Children's safety must be considered by immigration officials

The risk of violence from a parent is one of the factors that can be considered when children apply for leave to enter the United Kingdom. This was the decision of the court of appeal on 4 February 2003 in the case of B and Another v the Home Secretary.

Posted: 21 February 2003 | Full Article

Challenge to Cafcass over guardians fails

In The Queen (on the application of R and others) v Cafcass (17 January 2002), the high court finally considered the duty on Cafcass to provide children’s guardians in proceedings such as those relating to interim care orders and emergency protection orders.

Posted: 04 February 2003 | Full Article

Analysis of how delayed discharge fines will work

The Community Care (Delayed Discharges etc.) Bill was announced in the Queen’s Speech and received its second reading in the House of Commons on 28 November 2002.

Posted: 03 January 2003 | Full Article

Adoptive parents win damages

In A and B v Essex council [2002] EWHC 2707 (QB) adoptive parents successfully sought damages from the local authority who had placed children with them for adoption.

Posted: 23 December 2002 | Full Article

Does the Children Act 1989 apply to children in prison?

Legal analysis of the Howard League for Penal Reform's court victory ensuring children in young offender institutions should be protected by the Children Act 1989.

Posted: 03 December 2002 | Full Article

Court considers use of split hearings in care proceedings

In Re O and N (Care: Preliminary Hearing) [2002] Family Law 790, the court of appeal considered the use of split hearings in care proceedings.

Posted: 28 November 2002 | Full Article

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