Category Archives: Update

Children and Families Bill – Almost Ratified (But not Quite)

06 Thursday Feb 2014

Posted by in Bills, Update

≈ 12 Comments

As The Bill clears its final laps around Westminster, we’ve got the latest news on its progress:

Parliament’s website tells us that the third and final reading of The Bill took place yesterday (5th February), which is effectively the last chance the Lords have to make suggested amendments to the piece.

The Amendments discussed covered clauses 11, 37, 51-53, 66, 69, 70, 73, 76, 87, 88 and 126 of the Bill.

The Bill will now go to the Commons where the Lords’ amendments will be considered.

UPDATE: The Bill now has a provisional sitting set for 10th February, when the Amendments will be considered on the floor of the House.

A quick recap of The Bill’s content is added below:

The Bill seeks to reform legislation relating to the following  areas –

  • adoption and children in care
  • aspects of the family justice system
  • children and young people with special educational needs
  • the Office of the Children’s Commissioner for England
  • statutory rights to leave and pay for parents and adopters
  • time off work for ante-natal care
  • the right to request flexible working

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Children and Families Bill – What’s Going Down

30 Thursday Jan 2014

Posted by in Bills, Update

≈ 7 Comments

The Children and Families Bill is now at the Report stage in the House of Lords, with all interested Lords-a-leafing through the various clauses and making amendments where they see fit.

You can catch the last two sittings transcribed in The Hansard, here:

Report Stage – 4th Day

Report Stage – 5th Day

For more info on The Bill and what it’s getting up, to have a look at Parliament’s website.

The next meeting is set for the 5th February, which will be the 3rd Reading of the Bill, in the House of Lords.

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Children and Families Bill – Update

15 Wednesday Jan 2014

Posted by in Bills, Update

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The Children and Families Bill has some more provisional sittings for its report stage.

Report stage meetings are set for the 28th and 29th January.

Parliament’s website tells us that a line by line examination of the Bill took place on 7th January. Amendments discussed covered clauses 27-32, 34, 36-39, 41-45, 47-49, 51, 57, 59, 62-65, 67 and 70 of the Bill.

Once the report stage is finished, the Lords will move on to the third reading of the Bill, which is currently set to take place on the 5th February.

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Children and Families Bill – The Next Sitting

10 Tuesday Dec 2013

Posted by in Bills, Family Law, Update

≈ 1 Comment

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So, the Bill is rumbling on and the Lords are working overtime, literally, to leaf through the clauses and make suggestions.

We are now at the Report Stage of the Bill.

Parliament’s website tells us that line by line examination of the Bill took place on 9th December. The amendments that were discussed covered clauses 2, 3, 7 & 9 of the Bill.

A second day of report stage is scheduled for 17th December, so we’ll keep you posted.

For the Hansard of the first day of the Report Stage, click here.

For more detailed information on the Bill, click here.

And if you just want a refresher course on what the Bill covers, cast your eyes below:

The Bill seeks to reform legislation relating to the following areas:

  • adoption and children in care
  • aspects of the family justice system
  • children and young people with special educational needs
  • the Office of the Children’s Commissioner for England
  • statutory rights to leave and pay for parents and adopters
  • time off work for ante-natal care
  • the right to request flexible working

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Encyclopaedia on Family and The Law – Full Steam Ahead

07 Saturday Dec 2013

Posted by in Encyclopaedia on Family and The Law, Update

≈ 4 Comments

We’re coming to the end of 2013, a year which for Researching Reform has been truly special, for the newest members of our community who have come to share their thoughts with us, and who are now a part of the site, and our Encyclopaedia, which has grown since its creation a little less than a year ago, to mention but a few things.

Having set up the Encyclopaedia’s site and managed, through the grace and generosity of some of the best minds in the field, to garner an Editorial Board we feel privileged to have, we have been taking submissions and getting them ready for publication.

We’re very excited to be able to tell you that in the last few weeks, we have received articles on ground-breaking research relating to child welfare, brilliant pieces on divorce and mediation, and await some outstanding articles on legal aspects of the family law process, from mental capacity to private family law. We hope to be able to share those with you in the near future.

In the mean time, please don’t hesitate to contact us with submissions if you’d like to share material with us.

This project is designed to ensure that those who cannot access their basic legal rights when it comes to representation in their family cases have somewhere to go. It ensures that information which people so desperately need, is available to them, in simple language, and in turn helps to make the process a smoother experience for parents and practitioners alike. And we know that well prepared parents make for less delay and better outcomes for children inside the system.

But more than this, by taking part in this project, by offering articles you’ve written on family law, medicine, psychiatry, social work and more, you are helping, with every submission, to restore the public’s confidence in the justice system and people like you and I, who work in it.

Your contribution makes a genuine difference; every time we publish a piece, it is read widely, re-tweeted and incites debate, on matters which are close to all our hearts.

We would like to thank those stellar men and women who have already donated content to the Encyclopaedia, from articles, to chapters of books they’ve written and more, and hope very much that some more of you will come forward and do the same. If you’re looking to do a good deed this Christmas, what could be easier than sending a piece over? A couple of clicks, and you may just have helped a family in dire need of support.

As we continue to edit away, we wish you a fantastic Christmas and will be doing our usual Christmas post bonanza a little later on in the month!

Thank you

Children and Families Bill

04 Wednesday Dec 2013

Posted by in Bills, Children, Update

≈ 2 Comments

The Bill is currently in its report stage in the House of Lords, and we are told on the Parliament website that line by line examination of the Bill took place during the final day of the committee stage which was 20th November.

The amendments discussed covered clauses 89, 90, 93, 99, 104 of the Bill.

Further line by line examination of the Bill is now scheduled for 9th December.

Just by way of a refresher and for those who are new to The Bill, here’s a summary of what the Bill covers:

The Bill seeks to reform legislation relating to the following areas:

  • adoption and children in care
  • aspects of the family justice system
  • children and young people with special educational needs
  • the Office of the Children’s Commissioner for England
  • statutory rights to leave and pay for parents and adopters
  • time off work for ante-natal care
  • the right to request flexible working

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Essex County Council responds to interest in story headlined “Essex removes baby from mother”

03 Tuesday Dec 2013

Posted by in Children, Family Law, Update

≈ 22 Comments

Stemming from our Question It! This week, this is the latest update on the Italian mother who had her daughter forcibly removed from her womb by C-Section and who now faces seeing her daughter being adopted here in the UK.

The story has garnered a lot of attention and it now appears that Sir Munby, the President of the Family Division, has decided to take over the case and deal with it himself.

However, Essex County Council are also taking matters into their own hands having been vilified by the national media and caused eyebrows like our own to rise at the seemingly rash and thoughtless actions which they appear to have undertaken in the best interests of the child in question.

Essex County Council have now released a time line of events for the case, some information on the context of their actions and a formal statement. You can read all of this on their website, but we add it below for convenience:

Key Dates

There have been lengthy legal proceedings in this case over the past 15 months.

  • Mother detained under Section 3 of the Mental Health Act on 13 June 2012
  • Application by the Health Trust to the High Court 23 August 2012
  • Application for Interim Care Order 24 August 2012
  • Mother took part in the care proceedings ending on 1 February 2013.
  • Mother applied to Italian Courts for order to return the child to Italy in May 2013. Those courts ruled that child should remain in England
  • In October 2013 Essex County Council obtains permission from County Court to place child for adoption

Context

The Health Trust had been looking after the mother since 13 June 2012 under section 3 of the Mental Health Act. Because of their concerns the Health Trust contacted Essex County Council’s Social Services.

Five weeks later it was the Health Trust’s clinical decision to apply to the High Court for permissions to deliver her unborn baby by caesarean section because of concerns about risks to mother and child.

The mother was able to see her baby on the day of birth and the following day. Essex County Council’s Social Services obtained an Interim Care Order from the County Court because the mother was too unwell to care for her child.

Historically, the mother has two other children which she is unable to care for due to orders made by the Italian authorities.

In accordance with Essex County Council’s Social Services practice social workers liaised extensively with the extended family before and after the birth of the baby, to establish if anyone  could care for the child.

Statement on behalf of Essex County Council

“The long term safety and wellbeing of children is always Essex County Council’s priority. Adoption is never considered until we have exhausted all other options and is never pursued lightly.”

So, Essex County Council say they did liaise with family members and that no one was available to look after the child. It still does not explain why the child was not flown back to Italy to be looked after there, which would most likely have been better for the child.

An interesting take on events. We will be interested too, to see what extended family of the mother may have to say over the next few days and of course, the mother herself.

Encyclopaedia on Family and the Law Welcomes Jo Shortland

28 Thursday Nov 2013

Posted by in Encyclopaedia on Family and The Law, Update

≈ 3 Comments

We’re thrilled to be able to announce that the Encyclopaedia on Family and the Law has a new member on its Editorial Board.

Jo Shortland is a Partner at Oliver Fisher and is the Head of their Family Law Department.  She is a member of The Law Society Advanced Family Law Panel, and is a highly accomplished family mediator. Jo is also a Collaborative lawyer and cares deeply about the families she assists.

Jo’s areas of expertise are many, and include divorce, adoption, contact and residence and child abduction.

Hugely knowledgeable and immensely approachable (you can find Jo tweeting about all sorts of family matters in her gentle and positive tone), it’s a privilege to have Jo on board and we very much look forward to working with her.

Jo Shortland

Jo Shortland

Children and Families Bill – More Sittings and Tings…

27 Wednesday Nov 2013

Posted by in Bills, Family Law, Update

≈ 2 Comments

The Bill is now in its report stage, with the next sitting set for  9th December, and a provisional sitting, so Parliament’s update email says, for the 17th December, too.

The site tells us:

Line by line examination of the Bill took place during the final day of committee stage on 20 November.

Amendments discussed covered clauses 89, 90, 93, 99, 104 of the Bill.

Report stage – further line by line examination of the Bill – is scheduled for 9 December.

Also, check out:

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Children and Families Bill – The Final Draft, Hansard Texts and More…

21 Thursday Nov 2013

Posted by in Bills, Children, Family Law, Update

≈ 4 Comments

It’s finally landed, the latest draft of the Children and Families Bill as amended by the House of Lords. You can catch the Bill as it now stands and the final debate at Committee Stage right here:

Parliament’s website tells us:

Line by line examination of the Bill took place during the final day of committee stage on 20 November.

Amendments discussed covered clauses 89, 90, 93, 99, 104 of the Bill.

The Report stage – further line by line examination of the Bill – is scheduled for 9 December.

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