In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
The child, who was only hours old was secretly filmed being removed from the family home in Staffordshire under an emergency protection order.
Seeking to protect the identity of the child, the County Council had applied for an injunction to the remove the footage. However the High Court, whilst making an order preventing the child from being identified by name, stated parents had the right to air their views.
By allowing the footage, the Judge’s ruling is likely to fuel the current public debate on the operation of the care and family justice system. For some time, concern has been expressed about the private nature of the court process, with many describing the proceedings as inappropriately 'secret'.
In a recent interview with the BBC, Sally Jones, children law specialist at Anthony Collins Solicitors commented:
“Whilst the interests of the parents are very important, these should be balanced against the need to deliver effective child protection. Excessive critical media exposure could well prove a deterrent to the recruitment and retention of social workers.
“The Judge’s decision reflects a growing Judicial desire for transparency in the very serious process of taking a child into care.
“Care proceedings are highly sensitive, serious and often very distressing cases. Before a child is removed from the family home, the case is evaluated by several experts and all parties, including parents and children are entitled to individual legal representation.
“This ensures that the best outcomes are achieved for some of the most vulnerable children in the region.”
For more information
If you’d like to know more, please contact Sally Jones on 0121 214 3720 or email firstname.lastname@example.org.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.