EDUCATION AND TRAINING

We will keep you informed about training events which may be hosted by the FJB or other organisations, and will make educational material available on this page.

BCC v Riaz: Child Sexual Exploitation Injunctions

  |   Case Updates, Education & Training, Latest News

Please take note of the groundbreaking case of Birmingham City Council v Riaz [2014] EWHC 4247 (Fam) concerning injunctive relief against perpetrators of CSE before Keehan J.

 

Keehan J sets out the route by which Local Authorities can and indeed should take steps to protect vulnerable children with civil injunctions pursuant to the inherent jurisdiction.

 

The case also has an informative summary about reporting restriction orders.

 

For further information about this case, please click here.

 

 

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Re: R (A Child): A Major Clarification of Re: B-S

  |   Case Updates, Education & Training, Latest News

Please read with care the attached judgment handed down 16.12.14 in the Court of Appeal in the case of Re: R (A Child) EWCA Civ 1625.

 

It is respectfully suggested that all care practitioners should familiarise themselves with this case very promptly.

 

It contains an overview of the principles contained in Re:B-S and how they should in fact be applied in a reasonable and realistic way and contains valuable guidance from the President.

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Midland Circuit Family Practice Note 2/2014 Financial Remedy Applications: Listing

  |   Education & Training, Latest News

The Family Division Liaison Judge of the Midland Circuit, Mr Justice Keehan has produced a Family Practice Note 2/2014 Financial Remedy Applications: Listing to apply to all financial remedy applications heard on the Midland Circuit with immediate effect.

 

The Practice Note provides specific guidance and procedure for the future listing of financial remedy applications. It further states that every future notice of hearing will ask each party to provide to the court available dates for listing for the next 6 months save for final hearings. Consequently, at each court hearing save for a final hearing, the parties and their legal representatives must attend each hearing with a completed Financial Remedy Listing Schedule.

 

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Family Procedure Rules 2010 Practice Direction 25B

  |   Education & Training, Latest News

The Practice Direction 25B came into force on 1st October 2014 and supplements Family Procedure Rules 2010 Part 25.

It should also be read in conjunction with:

Practice Direction 25A (Experts – Emergencies and Pre proceedings Instructions);

Practice Direction 25C (Children Proceedings – The Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court);

Practice Direction 25D (Financial Remedy Proceedings and Other Family Proceedings (except Children Proceedings) – The Use of Single Joint Experts and the Process Leading to Expert Evidence Being Put Before The Court);

Practice Direction 25E (Discussions Between Experts in Family Proceedings);

Practice Direction 15B (Adults Who May Be Protected Parties and Children Who May Become Protected Parties In Family Proceedings) gives guidance relating to proceedings where an adult party may not have capacity to conduct the litigation or to instruct an expert; and

Guidelines for the instruction of medical experts form overseas in family cases’ published by the Family Justice Council in December 2011 – An expert working outside the UK must now demonstrate compliance with these under the new Standards.

Practice Direction 25B focuses on the duties of an expert including their report, their court attendance (if required) and the arrangements for such attendance.  It also addresses within the Annex to PD25B, the standards for expert witnesses in Children Proceedings in the Family Court.

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Re D (A Child) [2014] EWFC 39

  |   Case Updates, Education & Training, Latest News

Re D (A Child) [2014] EWFC 39

 

On 31st October 2014 the President of the Family Division Sir James Munby delivered an approved judgment in the above case dealing specifically with the impact of the denial of legal aid to the parents in the case. Both parents have learning difficulties and are respondents to a placement application by the local authority, pursuant to section 22 Adoption and Children Act 2002. The parents do not qualify for legal aid and cannot afford to pay for their legal representation.

 

The judgment highlights the key impact of legal aid cuts to the most vulnerable individuals in need of legal representation and the impact of the changes to legal aid due to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

 

A copy of the judgment has been provided to the Lord Chancellor, the Legal Aid Agency, Her Majesty’s Courts and Tribunals Service and the Association of Directors of Children’s Services along with an invitation to each of them to intervene and provide submissions for the next hearing of this case on 13th November 2014.

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