FAMILY LAW

March 28, 2014

The court expressed concerns about the professional response to the death of a 13-month-old child who had died suddenly and in unexplained circumstances whilst in her parents’ care. In particular, it criticised the police failure to undertake any real investigation until nine months after the child’s death and the local authority’s failure to take legal advice and start proceedings for a similar period. Those failures affected the court’s ability to make findings of fact about the cause of the death during care proceedings.

ADMINISTRATION OF JUSTICE BABIES CHILD SEXUAL ABUSE CORONERS CORONERS’ POWERS AND DUTIES CRIMINAL INVESTIGATIONS DEATH FAMILY LAW LOCAL AUTHORITIES’ POWERS AND DUTIES LOCAL GOVERNMENT NON-ACCIDENTAL INJURY POLICE

March 26, 2014

A judge’s refusal to hold a fact-finding hearing to clarify whether a father, who had been allowed unsupervised contact with his children, had committed indecent assault many years earlier could not be criticised.

CHILDREN CRIMINAL LAW FAMILY LAW FAMILY PROCEEDINGS HEARINGS INDECENT ASSAULT PARENTAL CONTACT SUFFICIENCY OF EVIDENCE

October 24, 2013

A finding of fact of sexual assault in welfare proceedings was upheld in circumstances where the interview and preparation process for a child’s Achieving Best Evidence interviews was sufficiently robust so as to enable the recorded and written records to be taken as a source of reliable evidence and where the judge’s characterisation of the influences on the child was not too narrow a consideration of all the background material.

BEST EVIDENCE CHILDREN’S WELFARE CRIMINAL EVIDENCE FAMILY LAW FINDING OF FACT OF SEXUAL ASSAULT INTERVIEW AND PREPARATION PROCESS INTERVIEWS SEXUAL ASSAULT OF CHILD UNDER 13 WEIGHT ACCORDED TO ACHIEVING BEST EVIDENCE INTERVIEWS WITNESS COACHING

December 16, 2005

There might be occasions, in which a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was made to protect a child of a defendant, where the family court’s jurisdiction should be reflected in the order because of the additional flexibility it provided. In the circumstances a s.104 order was varied to provide that a father, who had abused his daughter, was prohibited from seeing his son only until the son reached the age of 16.

ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS CRIMINAL LAW FAMILIAL CHILD SEX OFFENCES FAMILY LAW HUMAN RIGHTS NECESSARY REQUIREMENTS FOR IMPOSITION OF SEXUAL OFFENCES PREVENTION ORDERS PARENTAL CONTACT PENOLOGY AND CRIMINOLOGY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE S.104 SEXUAL OFFENCES ACT 2003 s.104(1) s.104(1)(b) s.106 s.106(3) s.107 s.108 s.108(1) s.108(2) s.108(6) SCH.3 SEXUAL OFFENCES ACT 2003 SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS VARIATION OF SEXUAL OFFENCES PREVENTION ORDERS

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