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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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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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