Archive for the 'guardianship' Category

Parliamentary law review for relatives of missing – BBC News

“The father of missing York chef Claudia Lawrence has asked MPs for more legal rights for families of missing people.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) – WLR Daily

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32

“When a court was considering an application for leave to apply to discharge a special guardianship order pursuant to s 14D(5) of the Children Act 1989 it was important to adopt the correct approach to the question whether there had been a ‘change in circumstances’  for the purposes of that provision.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Office of the Public Guardian: Amendments to secondary legislation – Ministry of Justice

“This consultation paper represents the next step in the review process of the Mental Capacity Act 2005 and addresses areas of legislation and policy that in practice have not worked as well as intended.”

Full consultation paper

Ministry of Justice, 17th December 2009

Source: www.justice.gov.uk

Cafcass judicial review threat – Law Society’s Gazette

“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”

Full story

Law Society’s Gazette, 25th November 2009

Source: www.lawgazette.co.uk

Regina (Singh) v. Stratford Magistrates Court – Times Law Reports

No entitlement to trial

Regina (Singh) v Stratford Magistrates Court

“Where a hospital or guardianship order was made under section 37(1) of the Mental Health Act 1983, there was no entitlement to a trial under section 37(3). The Queen’s Bench Divisional Court (Lord Justice Hughes and Mr Justice Treacy) so held on July 3, 2007, when dismissing a claim for judicial review by Surat Singh of the decision of a district judge to adjourn his trial for a second psychiatric report with a view to considering making either a hospital or guardianship order under section 37(1) without convicting him accused under section 37(3).”

The Times, 13th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re E (a Child): Special guardianship order – Times Law Reports

Child’s emotional identity needs supersede grandparents’ wishes

In re E (a Child): Special guardianship order

Court of Appeal 

“The power to order a child, subject to a special guardianship order, to be known by a new surname should not be exercised by the court if it would interfere with the child’s emotional identity needs.”

The Times, 11th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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