Meanwhile, children’s rights have been receiving attention in a different way, in recent online exchanges over the last couple of days concerning the Children and Social Work Bill. Specifically,
various social work luminaries wrote a joint letter about the Bill, published in the Guardian, which expressed concern among other things that clause 15 “fundamentally undermines a rights-based approach to meeting children’s needs”;
I heard Lord Lawson of Blaby last night, speaking on the ‘Outcome of the European Union Referendum’. I was very struck by the similarity of the language he used to language used by David Maxwell-Fyfe at the time of the genesis of the European Convention on Human Rights in 1950. (David Maxwell-Fyfe was the U.K.’s Deputy Chief Prosecutor at Nuremberg, and a key negotiator in the Council of Europe after the Second World War, and spoke for the U.K. at the signing ceremony). I wondered whether Lord Lawson was aware of the similarity of language and was deliberately evoking it; but what struck me equally forcefully was how the contexts were almost polar opposites. Continue reading Brexit and Beacons→
Deprivation of Liberty seems to be an issue which is putting the doctrine of judicial precedent – where lower court judges have to follow the reasoning and decisions of higher court judges – under considerable strain.
Here, I document – mainly to collate the resources into one place – two recent instances of where the lower courts have been questioning the higher courts.
I’m flagging up here a couple of posts by others, a couple of posts which I’m linking together as highlighting benefits of the Human Rights Act. Both are from bloggers I’d highly recommend following anyway – @DrMarkElliott‘s Public Law for Everyone and @SteveBroach‘s Rights in Reality. Both are about recent decisions of the Supreme Court. But since they’re both legal blogs, I hope the authors won’t mind if I go back a couple of steps for a non-legal audience.
In fact, the press for more adoption neither started nor ended with Michael Gove, and arguably more properly represents a pendulum swing, between a model of social work that favours family support (intervention to keep families together) and one that favours child rescue (intervention to give children a better life).
…wrote @JackofKent on Friday. I have read more than one judgment this year, but agree with the “must-read” label. This case ticks so many of my boxes in addition to what it says about legal aid. It’s also about: