No.18 Chambers News Page 2

Rotherham MBC v M, F & C [2025] EWFC 298 (B) HHJ Afzal CBE - Revocation of Placement Order - Role of IRO - Papers to OS, is one child entitled to compensation

Gary Fawcett (1975)

Two things caused me to write this article concerning the case law report: It contained no case law and It is not a situation I see very often. 25th September 2020. C and his brother AR were made the subject of care and placement orders. No joint placement found, and AR was put...

A message from Mr Justice Keehan: In February 2024, the President of the Family Division’s Family Executive Team, chaired by me, established the Family Magistrates Working Group to consider the allocation of work to magistrates. This group includes judges, magistrates and legal advisers. Following a review of the existing Allocation...

Helen Moizer (2018)

The Chartered Institute of Personnel and Development (CIPD) is the professional body for human resources. CIPD has released a new report, alongside a series of case studies, assessing the state of flexible and hybrid working in the UK more than a year after the Employment Relations (Flexible Working) Act 2023...

The Advisory, Conciliation and Arbitration Service (ACAS) has recently published the results of a YouGov poll of 1,015 senior business decision makers, which was conducted from 24 March to 2 April 2025. The research follows the introduction of the day-one right to request flexible working, and further changes are anticipated under...

Helen Moizer (2018)

(PLEASE NOTE THIS PD COMES INTO FORCE 14 JULY 2025 ) This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes). Scope and interpretation 1.1 This Practice Direction is made under rule 36.2 FPR and sets up a Pilot Scheme to allow for His Majesty’s Courts and Tribunals Service (HMCTS)...

Barnaby Large (2007)

Barnaby first considers eligibility – what is required to qualify for public funding, what categories of litigation fall within scope and what applications are excluded? The Article then considers application of the Civil Legal Aid (Merits Criteria) Regulations 2013 – both the Prospects of Success and Reasonable Privately Paying Individual Tests,...

Sara Chalk (2018)

Over recent months I have noticed an increase in Deprivation of Liberty cases coming before the local Court and sadly these involve many young adults being in a mental health crisis. It has become apparent that there are real difficulties in the management of cases such as these with shortages...

MR JUSTICE PEEL & HIS HONOUR JUDGE HESS have made this announcement with the authority of the President (of the Family Division). Following its introduction as part of the Efficiency Statement in April 2022, the ES2 has become an established, and indispensable part of the financial remedies process. It has been...

Gary Fawcett (1975)

MacDonald J considers the welfare test - To adopt or not to adopt - that is the question. With the added bonus of reference to many cases on welfare and adoption - a lawyers playground, one might respectfully say. As a preamble, such is the excellent legal content that I...

Judgements get longer, a short sound bite note cannot replicate everything. This note is a guide to law, almost a nutshell type of reference. The facts may almost be irrelevant, but I will give a short resumé. H applicant, W respondent. H 54, W 45. They met in 2007 and cohabited...

Gary Fawcett (1975)

Held: the trial judge made a placement order, which was unsuccessfully appealed. The subject child (18 months) is referred to as M in the judgement, I shall call him Man, so as not to confuse with M for mother. Man was born in August 2023, and both his mother and father...

Helen Moizer (2018)

Maternity leave A parent has the right to up to 52 weeks' maternity leave if they are having a baby and are legally classed as an employee. They have this right from their first day of starting a job. By law, they must take at least 2 weeks off after...

Amelia King (2016)

‘Advances in technology empower anyone with a mobile phone or a tablet to make recordings that would be the envy of yesterday's spies’ (Peter Jackson J M v F (Covert Recording of Children) [2016] EWFC 29). In recent years, the family court is increasingly being asked to consider covert recordings as...

Helen Moizer (2018)

In the recent decision of Pandeli Ltd & Gold Panda Ltd v Ms H O’Keefe [2025] EAT 47, the Employment Appeal Tribunal (EAT), presided over by Lord Fairley, has provided a significant clarification on the application of Rule 76(1)(a) of the Employment Tribunal Rules of Procedure 2013, particularly in the context of...

A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases involving adults who lack capacity. Published on the 7th May, the protocol for cases involving adults who lack capacity was agreed on 4 April 2025 following a series of meetings of...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance, ‘Covert recordings in Family Law proceedings concerning children: Family Justice Council Guidance’, follows an increased use of covert recordings in family law proceedings and...

Rachel Chapman (2017)

‘Where a Family Court has authorised the instruction of an expert witness in public law proceedings, and has directed that the expert’s fees are to be covered by equal contributions from each party, but where the rate to be charged by the expert exceeds that which the Legal Aid Agency...

This View from the President’s Chambers covers a lot of ground. It’s been some time since the last View and the world of Family Justice has been, as ever, very busy. What follows includes important updates and positive news with respect to the following topics: PLO relaunch; Pathfinder; Transparency; Security; CAFCASS...

Sara Chalk (2018)

On 7 February 2025 the Court of Appeal handed down the Judgment of Re T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025). This case relates to an appeal following public law care proceedings in respect of three brothers, A1, A2 and A3. They have been together in...

Sara Chalk (2018)

A large number of public law proceedings conclude with a Care Order having been made and a care plan of long term foster care. Parents often ask "what can I do in the future to have the Care Order discharged and to have the children returned to my care?" The basic...

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