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Updates on other procedure rules for magistrates courts and the Crown Court
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Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
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Coercive control and childrenâs welfare in Re H-N and Others Date:7 MAY 2021
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can form part of a consent order, as in
Re B-B. Others, are made under Sections 8(1)(a)-(b) and 9 of the Children Act 1989 specifying powers, amongst other things, to decide with whom a child is to live and when a child is to have contact. In 2019-2020, around 22,000 such applications were made involving some allegation of domestic abuse by one adult against another (para 3) with instances of domestic abuse rising because of Covid-19 (ONS, 2020). Consequently, the question of how allegations of abuse within family proceedings remains an urgent matter of concern. However, despite increasing recognition of coercive control as being central to understanding domestic abuse, it remains less well understood in the
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037
The case concerned an application by an NHS Trust which would permit them to not provide blood transfusions or treatment involving blood products to a 17 years and 4 month old patient, DL.
DL was required to undergo surgery for cancer and had a long history of medical intervention. Three years ago he had been baptised as a Jehovah s Witness, and in adherence to his faith did not wish to receive blood transfusions or treatment involving blood products. Prior to his baptism but whilst expressing interest in his faith, he had received a transfusion which had led him to suffer PTSD. The Trust sought a declaration that not providing transfusions should they become necessary in his latest surgery was not unlawful. DL, the Trust, and his parents (who were also Jehovah s Witnesses) had a good relationship and all agreed the surgery should take place – the only issue was treatment in the event of rare but possible complicat
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