blog

The latest updates from our specialist practice in child and family law.

Posted: 20th January 2017
Author: Emily Bower
holding hands

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which came into force in April 2013, made a number of changes to the provision and scope of legal aid including family law cases

The key change for our clients is that most private law services are now only available to the victims of domestic violence To be eligible for legal aid, a client must produce ‘trigger evidence’ to prove that that they are a victim of abuse

Legal aid is also available for children disputes if the client can produce certain ‘trigger evidence’ Sections 33 and 34 of the Civil Legal Aid (Procedure) Regulations 2012 sets out the supporting evidence required in order to be in scope for legal

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Posted: 19th December 2016
Author: CLP
holding hands

Children and young people who are struggling at school with a learning difficulty are entitled to apply for an assessment by their local authority to see if they are eligible for an Education, Health and Care (EHC) plan EHC plans were introduced in September 2014 and have replaced the old statement system The local authority should complete an EHC assessment and if appropriate issue a plan within 20 weeks

It was stated in National Statistics published by the Department of Education (SFR 17/2016, 26 May 2016) that during 2015 29,015 children and young people were assessed and of these, 962% received a Statement or EHC plan

Unfortunately not all those who applied for an assessment

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Posted: 29th November 2016
Author: CLP
holding hands

The National Autistic Society has recently undertaken research based on surveys of approximately 1000 parents, carers, children and young people to look at how well the system of dealing with Special Educational Needs & Disability is working in England and how well the system is meeting the needs of those with a diagnosis of autism

The Children & Families Act 2014 came into force over 2 years ago with one of the aims being to try and make the system easier and fairer for children and families

The National Autistic Society has published their research in a report which can be found at wwwautismorguk/schoolreport2016 and unfortunately shows that many families are still facing lengthy

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Posted: 24th November 2016
Author: CLP
holding hands

Immortality is something that everyone associates with wizardry and scientific fiction, but it appears that it could soon become a reality in everyday life A recent case involving a 14 year old girl being cryogenically frozen has pushed the boundaries of prolonging life The girl, unnamed, was diagnosed with a terminal cancer and felt that it was not the right time to die as she was so young She had researched methods of resolving her situation and in order to be frozen she required the consent of both of her parents  Understandably this caused mixed reactions from all parties involved and numerous human rights issues were raised

The parental responsibility of both parents and the desires of the girl all

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Posted: 26th October 2016
Author: Emily Bower

The Justice Committee has launched an inquiry into the implications of Brexit for the justice system

The Committee has welcomed written submissions from experts and any affected parties to enable it to present the Government with recommendations concerning the questions it will need to address in the eventual Brexit negotiation process

The Justice Committee recognises that “There is a significant body of EU law dealing with the handling of cross-border legal disputes, such as the ‘Brussels Regulations’ covering civil, commercial and family matters Post-Brexit, this EU legislation will not automatically apply to the UK (though much underlying international law will remain) Removing it would affect, for example, the jurisdiction of UK courts to deal with

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Posted: 19th October 2016
Author: Kieran Brockerton-baker
holding hands

Many parents whose children are subject to care proceedings in England and Wales have underlying issues which are the cause of intervention being necessary, whether this is misuse of substances, alcohol or a general inability to parent The President of the High Court’s Family Division, Sir James Munby, identified that one of the keys to solving the problem in rising numbers of care cases is to tackle the problem at its source He believes that in doing so, the likelihood of the same “repeat customers” within the Family Court arena will decrease

Sir James Munby refers to FDAC and PAUSE as possible solutions to the problem:

What is FDAC?

FDAC stands for Family Drug

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Posted: 14th October 2016
Author: Emily Bower
holding hands

Last month, in his latest view from the President’s Chambers, Sir James Munby stated that we “face a clear and imminent crisis” Applications to CAFCASS for the last six months are 23% ahead of the corresponding period last year

The Figures

CAFCASS release statistics showing the number of care proceeding applications made by local authorities where CAFCASS has been appointed by the court to represent the interests of children, and statistics showing the number of cases where the court has asked CAFCASS to carry out work in private law cases These statistics are posted on the eighth working day of each month

The latest figures show:-

CAFCASS received a total of 1,216 care applications

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Posted: 2nd September 2016
Author: Emily Bower
holding hands

Sir James Mumby, President of the Family Division has shared his latest views in relation to the continued increase in the number of care cases and how the Family Courts will manage this without any increase in resources (judicial or otherwise)

He states that: “we must continue to look for new, innovative and better ways of handling these cases, while never departing from the fundamentals, namely that:

  • Care cases, with their potential for life‐long separation between children and their parents, are of unique gravity and importance;
  • It is for the local authority to establish its case;
  • Common‐law principles of fairness and justice demand, as do Articles 6 and 8 of the Convention, a

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Posted: 24th August 2016
Author: Emily Bower

Kieran and I attended the presentation on ClickShare at Portsmouth Family Court on the afternoon of 28th July 2016

ClickShare allows evidence held on any digital device to be presented in court via a plug and play system or through the free ClickShare App on a mobile/tablet device This means that pink tape and carrying a large number of bundles to court may well become a thing of the past if the new digital system proves that ebundles are as efficient and user friendly as the system makes it look

One of the main advantages to having an ebundle is that with a single click everyone in the courtroom including the Judge and the witness

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Posted: 22nd August 2016
Author: CLP
holding hands

The Children’s Legal Practice Ltd would like to welcome you to our new website and our new blog which will be updated on a regular basis to keep our visitors up to date with the latest news, to include changes in the law from the legal world in matters concerning Education Law, in particular appeals to the Special Educational Needs and Disability Tribunal and Private/Public Law and Practice

We hope that all of our visitors like our new website and find all of the information they need

We have also launched our new Facebook page to complement our new website and to provide a further avenue of correspondence for our existing and potential new clients

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