Media By: Clare Ciborowska

Local authorities and the duty to consult with parents

16 April 2013 by Clare Ciborowska

R (on the application of H) v Kingston Upon Hull City Council & KS, AS, SS, TS and FS (Interested Parties) [2013] EWHC 388 (Admin) read judgment

This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.

The claim raised two points. The first concerned whether it was permissible to bring a claim for JR when there were ongoing care proceedings and secondly the extent of the Local Authority’s duty to consult with parents when an ICO is in force. As to the latter point, there were two decisions that were challenged by the mother. The first was a decision taken on 31^st January 2013 and the second concerned a decision taken on 1^st February 2013 both concerning the placement of her children under the ICO.

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Child’s welfare is paramount in contact dispute

16 March 2012 by Clare Ciborowska

A v Band C [2012] EWCA Civ 285    – read judgment 

In a case concerning a lesbian couple and a known biological father, Court of Appeal reconfirms approach when dealing with cases under the Children Act 1989 – the child’s welfare is paramount.

Background

This case concerned an application by a biological father for contact with his son who was living with his mother and his mother’s long-term lesbian partner. The three adults in the case had been friends for many years and indeed the father had married the mother before the child was born in an attempt to placate the mother’s family who were deeply religious. It was accepted that this was a marriage of convenience and as a result the father acquired parental responsibility for the child.
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Discrimination at London’s first gay pub

17 January 2011 by Clare Ciborowska

In its heyday

Lisboa v. Realpubs Ltd & Ors [2011] UKEAT 0224_10_1101 (11 January 2011) – Read judgment

The Employment Appeals Tribunal (EAT) has ruled that a well-known gay pub’s strategy to encourage straight customers led to gay customers being treated less favourably, meaning that the a gay employee was forced to resign.

The policies included seating straight customers at the front of the pub where they would be most visible to passers by. The Claimant was an employee of the well-known London pub the Coleherne. The Coleherne was thought to be the city’s first ‘gay pub’ and had been operating as such for the past forty years, but in September 2008 reopened as a gastro-pub, The Pembroke.

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War crimes arrest warrant law to change

7 December 2010 by Clare Ciborowska

Tzipi Livni

Updated | A new bill which seeks to reform the powers of the police also seeks to make it harder to issue private arrest warrants for universal jurisdiction offences, such as war crimes, torture and hostage taking,

The controversial change would mean that they can only be issued where there is a reasonable prospect of a successful prosecution (see our previous post).

The Police Reform and Social Responsibility Bill has now started its passage through Parliament, following its introduction to the House of Commons on 30 November 2010.

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