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13 May 2010 / Finola Moss
Issue: 7417 / Categories: Features , Child law , Family
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The disability trap

Finola Moss identifies some fundamental flaws in the care system

The recent Court of Appeal judgment in M-W (a Child) EWCA Civ 12 brought into sharp focus the vulnerability of the disabled family within care proceedings. This judgment involved a baby, whose premature birth had resulted in serious medical problems.

At 11 months old she was removed by an interim care order from her bipolar mother, despite evidence that: the mother’s support package was insufficient from day one; the parents’ tracheotomy use being “pretty impressive’’; the judge finding that, the “mother had acquitted herself well in caring for [the baby] on her own in difficult circumstances’’; and a lack of any definitive evidence of the mother’s mental condition or the harm it might cause her child.

The psychiatrist had to defer to a psychologist’s evidence that the mother might be suffering from an emotionally unstable personality disorder, the symptoms of which are, in any event , similar to bipolar. This disorder was the main cause for concern, as unlike bipolar, it was untreatable,

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NLJ Career Profile: Stephen Ward, The Barrister Group

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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