19. End notes

[1] Royal College for Paediatricians and Child Health, UNICEF UK, Association of Breastfeeding Mothers, La Leche League.

[2] https://bilson.org.uk/Family_Law_prepub.pdf

[3] Victoria Climbie was murdered in 2000 aged 8 after being tortured by her aunt and her boyfriend, despite being known to Haringey Children’s Services, the police and NHS and other professionals who repeatedly ignored her injuries. See e.g. The Guardian 24 September 2001.

[4] Peter Connelly died in 2007 aged 17 months after suffering more than fifty injuries over an eight-month period at the hands of his mother and father and his uncle, during which he was repeatedly seen by the London Borough of Haringey Children’s services and National Health Service health professionals.  See eg The Observer 16 August 2009.

[5] See for example, articles by Ray Jones, Professor of social work at Kingston University and St George’s, University of London. The Guardian 12 January 2015; Community Care 12 December 2012.

[6] Section 36* of the Data Protection Act 1998 & 2018 and now the General Data Protection Regulation (GDPR) rules establish that: “Personal data processed by an individual only for the purposes of that individual’s personal, family, or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III. See also The Guardian 17 June 2015.

[7] http://courtwithoutalawyer.co.uk/mckenzie-friends.html

[8] https://www.legislation.gov.uk/ukpga/1989/41/section/1

[9]  CAFCASS aims to “(a) safeguard and promote the welfare of the children,(b) give advice to the court about any application made to it in such proceedings,(c) make provision for children to be represented in such proceedings,(d) provide information, advice and other support for the children and their families.”[14]

[10]  A CAFCASS officer appointed as an “independent” voice for the child.

[9] http://www.legislation.gov.uk/ukpga/2002/38/contents

[10]  Sect 11 (2) a)

[11]  Everyone who works with children – including teachers, GPs, nurses, midwives, health visitors, early years’ professionals, youth workers, police, Accident and Emergency staff, paediatricians, voluntary and community workers and social workers – has a responsibility for keeping them safe. Working Together to Safeguard Children, HM Government, March 2013.

[12]  Section 11 (2A) of the Children and Families Act 2014 provides that a court is “to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.”

[13] In the year ending 31 March 2014, 5,050 children were adopted from public care, an increase of 26% from 2013, and of 58% from 2010. Adoptions are now at their highest point since the start of complete collection of data. 96% of all adoptions take place without parental consent.  Adoption Without Consent – Study for the Peti Committee, European Parliament 2015.

[16] Eg Rotherham where many hundreds of children were raped (https://www.theguardian.com/uk-news/2018/feb/20/rotherham-sexual-abuse-victims-rises-to-1510-operation-stovewood;

[17] e.g. Just for Kids Law

[18] www.gov.uk/apply-direct-payment

[19] https://www.familyfund.org.uk/faqs/how-do-we-apply

[20] See: https://www.carersuk.org/home

[21] The NHS refer to one study published in 2000 which estimated 89 cases of FII in a population of 100,000 over a two-year period.

[22]https://www.safecic.co.uk/your-scb-acpc/55-free-downloads-and-safeguarding-links/61-safeguarding-children-board-links

[23] This refers to young people between 16 and 18 where their capacity to consent to for example, medical treatment or to instruct lawyers, depends on an assessment of their maturity and understanding of the issues involved.   The law was established by Gillick v West Norfolk and Wisbech AHA [1986].

[24] https://www.londoncp.co.uk/chapters/best_prac_cpc.html#conf_chair

[25] Babies at risk of ‘adoption by stealth’, family charity warns, The Guardian, 10 July 2017.

[26] Williams & another (Appellants) v London Borough of Hackney [2018] UKSC 37.

[27] Under s44 of the Children Act 1989.

[28] (complaint vs solicitor) https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complain-about-a-solicitor/   (against a barrister) https://www.barstandardsboard.org.uk/for-the-public/reporting-concerns.html

[29] https://www.gov.uk/guidance/family-procedure-rules-1-to-20/practice-direction-3aa-vulnerable-persons-participation-in-proceedings-and-giving-evidence

[30] Use Form C2 for this application.

[31] https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_25

[32] This refers to an application under Rule 25 of the Family Procedure Rules as amended by s.13 of the Children and Families Act 2014, which states: ‘the court may give permission…only if the court is of the opinion that the expert evidence is necessary to assist the court to resolve the proceedings justly’ (s.13 (6)).

[33] The form for Notice to Appeal is FP161 https://www.gov.uk/government/publications/form-fp161

[34] https://www.lawworks.org.uk/

[35]https://www.gov.uk/government/publications/where-to-appeal-a-family-court-decision-fp201

[36] See form A52 Application for Revocation of a Placement Order, S24 Adoption and Children Act 2002. https://www.gov.uk/government/publications/form-a52

[37] Via an amendment to the Adoption & Children Act 2002.  

[38] Use a C1 form (or a C2 form if in existing court proceedings) and the supplement form C15.

[39] S39 of the Children Act 1989 FORM C110A. https://www.gov.uk/government/publications/form-c110a

[40]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/337568/iro_statutory_guidance_iros_and_las_march_2010_tagged.pdf

[41] https://data.gov.uk/dataset/0a8cc8f9-c9e7-4921-8b60-b9808c48ecd2/crown-prosecution-service-annual-report-2012-2013

[42] Part IV of the Family Law Act 1996 https://www.gov.uk/injunction-domestic-violence

[43] https://www.gov.uk/injunction-domestic-violence

[44] You are or were married to each other; you are or were in a civil partnership; you live with each other or used to live together; you live or used to live in the same household; you are blood relations; you are or were engaged to be married to each other. You have children together – as parents or have parental responsibility for the same child.

[45] Form FL401 https://www.gov.uk/government/publications/form-fl401

[46] Form C8 https://www.gov.uk/government/publications/form-c8

[47] Form C100 https://www.gov.uk/government/publications/form-c100

[48 https://courttribunalfinder.service.gov.uk/

[49] Form EX160  https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

[50] Form C1A https://www.gov.uk/government/publications/form-c1a

[51] https://www.gov.uk/legal-aid/domestic-abuse-or-violence

[52] There are now two sections of the law that can protect victims of Domestic Abuse. Firstly Family Procedure Rules Part 3A and secondly Practice Direction 12J. Practice Direction 12J makes clear that if victims or children require special measures within the family court, appropriate arrangements, including separate waiting rooms and arrangements for entering and leaving the building, need to be made. You are also entitled to Video linked evidence as well as pre-recorded evidence from a separate room or to have screens in court throughout all the hearings. Some Courts are extremely bad at facilitating the needs of domestic violence victims. Make sure that you put all your requests in writing, carry copies of everything you have asked for in writing and insist that it is implemented. The perpetrator will not be allowed to question you in court and if you are self-litigating, write your questions down for the Judge so that you do not have to speak to your abuser. https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu

[53] Form C100

[54] Form C79 https://www.gov.uk/government/publications/form-c79

[55] Form C100 https://www.gov.uk/government/publications/form-c100

[56] https://www.independent.co.uk/news/obituaries/dr-richard-a-gardner-36582.html

[55] CAFCASS’ stakeholders include 5 fathers’ groups and just two women’s groups.  

[56] https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_25

[57]https://www.gov.uk/government/news/children-will-be-seen-and-heard-in-family-courts  http://www.bailii.org/ew/cases/EWFC/HCJ/2017/48.html : a case where a Judge did speak to the 14 year old boy and wrote a letter to the boy after judgement.

[58] Just For Kids Law only operates in the Greater London area.

[59] More recently eminent child psychotherapists, Dr Margot Sunderland, Director of Education and Training at the Centre of Child Mental Health London (http://www.margotsunderland.org/) and Sue Gerhardt,  Why Love Matters, have written about this.   

[60] National helpline 0345 1202918.

[61] Form A53 to apply for post adoption contact

%d bloggers like this: