Archive for April 23rd, 2011

April 23, 2011

Privacy and paedophilia: who should get to know?

In another really thought provoking post from the UK Human Rights Blog, Isabel McArdle sets out the findings from the Court of Appeal judgement (H and L v A City Council [2011] EWCA Civ 403) about the disclosures made by local authority to other organisations about a person’s conviction for a sex offence against a child.  The Court found that a blanket approach to disclosure was not lawful and that the parties concerned should have been given the opportunity to make representations on the matter before a decision to disclose was made.

Privacy and paedophilia: who should get to know? « UK Human Rights Blog.

On a more modest note, we had a query this week about whether it is lawful to make disclosures from MARAC minutes as part of a CRB check.  Our advice has always been that disclosures need to be proportionate and there needs to be a pressing need to disclose.  We need to balance the impact of disclosure with the benefits it might bring in the context of the risks posed.  So once again, good judgement is essential.

April 23, 2011

News for Practitioners – Getting Pt IV FLA injunctions

In addition to the changes to the Family Procedure Rules noted earlier this month with regard to mediation, there are also some important practical changes about applying for injunctions under Pt IV of the Family Law Act 1996.  These are explained succinctly by Steve Connor from the NCDV on a You Tube video which you can find here http://www.youtube.com/watch?v=8cc9p1SBzVU

The key points include s10.2 which means that applicants will no longer provide a sworn affidavit but rather a ‘statement of truth’ which does not need to be sworn by the Court staff or a relevant barrister or solicitor, but does need to be signed by the applicant.  S10.6 clarifies some of the confusion which arose after the implementation of the DVCVA about whether or not injunctions had to be served in person, or whether they could be served by text message for example.  The new procedures make it clear that they do have to be served in person.

Please take note as the feedback we are getting is that literally hundreds of injunctions are being prepared according to the old rules and thus cannot be implemented.

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