The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for a number of years, the court had no jurisdiction [...]
Archive for the ‘Children’ Category
Youth restraint challenge rejected by High Court
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, In the news, Poor reporting, Prisons, tagged Access to justice, Standing on January 16, 2012 | 1 Comment »
Successful challenge to library closures: lip service not enough for equality duties – Shaheen Rahman
Posted in Art. 14 | Anti-Discrimination, Case summaries, Children, Spending cuts on November 24, 2011 | 1 Comment »
R (Green and others) v GLOUCESTERSHIRE COUNTY COUNCIL & SOMERSET COUNTY COUNCIL [2011] EWHC 2687 (Admin) – Read judgment In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful. The court held that the withdrawal of a local library might indirectly discriminate against people [...]
Bishop can be vicariously liable for priest’s sex abuse, rules High Court
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case summaries, Children, Criminal, Damages, Religion, tagged Priest, sex abuse on November 9, 2011 | 8 Comments »
JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011) - Read judgment Elizabeth Anne-Gumbel QC and Justin Levinson of One Crown Office Row acted for the Claimant in this case. They did not write this post. A Roman Catholic diocese can be held liable for the [...]
More cuts: Library closure challenge fails – Shaheen Rahman
Posted in Case comments, Children, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged libraries closure, spending cuts on October 20, 2011 | 4 Comments »
Updated | Bailey & Others v London Borough of Brent Council [2011] EWHC 2572 (Admin) – Read judgment Every Wednesday my daughter looks forward to the arrival of the mobile library at her nursery. Two by two the children go into the little world of books and emerge holding a new story they have chosen for [...]
Court of Appeal upholds 7 of 10 riot sentences, including Facebook cases – Obiter J
Posted in Art. 6 | Right to Fair Trial, Children, Criminal, In the news, Technology, tagged riots on October 18, 2011 | 4 Comments »
R v Blackshaw and others [2011] EWCA Crim 2312 – Read judgments / press summary The Court of Appeal (Criminal Division) has issued judgment in relation to ten appeals against sentences imposed for convictions arising from the August disorder. On 20th August, in a post related to the August disorder, Law and Lawyers looked at [...]
Lord Justice Wall lays down law on family court privacy
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Children, Family, In the news, Poor reporting on September 20, 2011 | 16 Comments »
Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment Sir Nicholas Wall, the President of the Family Division, has suspended a nine-month prison sentence for contempt of court given to Elizabeth Watson, a “private investigator” who published online sex abuse allegations which had been rejected by a series [...]
President of Family Division’s press release on paedophile allegations case
Posted in Art. 6 | Right to Fair Trial, Children, Family, Freedom of Information, In the news on August 25, 2011 | 12 Comments »
With thanks to the Judicial Press Office, below is the full press release from the President of the Family Division in a case involving a “super injunction”, John Hemming MP, false allegations of pedophilia and some poor press reporting. I will blog about this once the full rulings are released, but in the meantime see [...]
Full internet ban for sex offenders ruled unlawful
Posted in Art. 8 | Right to Privacy/Family, Case law, Case summaries, Children, Criminal, In the news, Technology on August 12, 2011 | 2 Comments »
Regina v Smith & Others [2011] EWCA Crim 1772 Read Judgment In a detailed judgment, the Court of Appeal has emphasised the importance of a sentencing court considering whether making a Sexual Offences Prevention Order is necessary and, if so, tightly drafting its terms to be proportionate and not oppressive. The Court of Appeal (Criminal [...]
Will the Sex Offenders’ Register “Review Mechanism” breach human rights law?
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Children, Criminal, In the news on July 12, 2011 | 4 Comments »
Updated | In 2010, the Supreme Court ruled that a mechanism should be put in place to review whether convicted sex offenders should remain liable after their release from prison to notify the police of where they live or plans to travel abroad. In June 2011, the government published draft legislation to “ensure that strict [...]
Hey, teacher! Leave those cornrows alone
Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Children, Discrimination, Education, In the news, tagged cornrows on June 20, 2011 | 5 Comments »
Updated | SG v St Gregory’s Catholic Science College [2011] EWHC 1452 (Admin) (17 June 2010) – Read judgment Most people have their first taste of injustice at school. This is hardly surprising: an institution containing hundreds of teenagers for whom rebellion is a biological imperative is always going to be difficult to control. In [...]
When to prosecute children for sexual abuse
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Children, CONVENTION RIGHTS, Criminal, In the news, International on June 15, 2011 | 5 Comments »
R (on the application of E and Ors) v The Director of Public Prosecutions [2011] EWHC 1465 (Admin) – Read Judgment In a case involving rather distressing facts, the High Court has quashed a decision of the Crown Prosecution Service to prosecute a 14-year-old girl (identified only as “E”) for the sexual abuse of her [...]
Abduction and the child’s “best interests” – analysis
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Children, Family, In the news on June 14, 2011 | 1 Comment »
E (Children) FC [2011] UKSC 27 – read judgment ; see previous post for summary This case shows some of the difficulties thrown up by the interesting tension between the primacy of children’s interests implied by Article 8 of the European Convention on Human Rights and the controls on child abduction exerted by the 1980 Hague Convention. The Human [...]
Court orders return of children abducted from father in Norway
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Children, Family on June 10, 2011 | Comments Off
In the matter of E (Children) [2011] UKSC – read judgment The Supreme Court has ruled that two girls, aged seven and four respectively, be returned with their mother to Norway, after she had removed them without the father’s consent. The decision was made largely under the Hague Convention on the Rights of the Child [...]
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Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Strasbourg Rulings on Two Personal Privacy Claims February 8, 2012
- Open Justice « 2drj February 8, 2012
- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
- Contempt laws are still valid in the internet age | Dominic Grieve February 8, 2012
- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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UKHRB on Twitter
- RT @SkyNewsBreak: David Cameron has spoken to King Abdullah of Jordan to try to extradite radical cleric Abu Qatada 23 minutes ago
- RT @daniel_barnett: Here's what I REALLY think about the Stott case - http://t.co/gCIHyevb. @AdamWagner1 also has excellent piece at htt ... 58 minutes ago
- Congrats to @1crownofficerow's Martin Forde QC, to fill Judicial Appointments Commission vacancy left by Lord Sumption http://t.co/wu7yVWAx 2 hours ago
- RT @INFORRM: Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 - Sara Mansoori http://t.co/r5pBIQU3 2 hours ago
- ... would have found that but for case law! Mr Justice Parker inviting Court of Appeal / Supreme Court to bite the bullet here 2 hours ago
- ... also gives permission to appeal. Wld have found scheme "provides no mechanism for review.. disproportionate.. not compatible with A8.".. 2 hours ago
- ... police warning were for theft of 2 bicycles when 11, student now 20. High Court judge "reluctantly" finds no breach of article 8... 2 hours ago
- Recent posts
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- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
- Times contempt challenge thrown out in Strasbourg February 8, 2012 Adam Wagner
- Indefinite detention: not very British February 8, 2012 freemovement
- UK Supreme Court is tweeting, but where are the other courts? February 7, 2012 Adam Wagner
- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
Disclaimer
No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
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