Category: Children

Supreme Court shakes up immigration law on the rights of settled children πŸ‘πŸ½

Full analysis of this landmark judgment sets out fresh guidance for immigration cases on the law of children’s best interests, and the extent to which parental misconduct can be considered in human rights claims involving settled children.

Free resources on the rights of settled children ahead of landmark Supreme Court case

The UK Supreme Court case of KO (Nigeria) is expected to bring further clarity to immigration cases that involve the removal of parents of children who are settled in the UK. Here are some resources on the topic.

FGM protection orders and immigration tribunal proceedings

The interplay between Family Court applications for Female Genital Mutilation Protection Orders and ongoing Immigration Tribunal proceedings has been considered by the High Court in this recent case.

Separate, but (un)equal? How gender-based segregation in co-ed faith schools unlawfully discriminates

The Court of Appeal has found that separating male and female pupils in a co-ed faith school directly discriminates against each child under equalities law. This case could have far-reaching implications for educators and employers.

The benefits cap on lone parents with children under two is unlawful

In a recent legal challenge, the UK government’s “benefit cap” has come under fire for unlawfully discriminating against lone parents with children under the age of two.

How to appeal the refusal of primary school places: an intro for parents & carers

On National Primary School Offer Day, parents and carers across the UK find out whether their children have been offered a place at their preferred maintained Primary School. Here’s a quick introduction to appealing refusal decisions.

Every child matters: free resources for lawyers on children’s rights in UK immigration cases

Here are 3 presentations from barristers at the 36 Group focusing on children’s rights in immigration and family law, following our popular event on 29 March. Enjoy!

Parents’ immigration history is relevant to whether it’s reasonable to remove settled children from the UK

Senior judges have found (yet again) that children can be punished for the sins of their parents, giving a green-light to the Home Office to remove families from the UK (even if they have not committed any crime).

How to use statistics and dental x-rays in age assessment disputes?

The Upper Tribunal has given guidance on the correct approach to statistical evidence in the context of dental x-rays in age assessment disputes.

No such thing as an average case where children are concerned, says Court of Appeal

There is a growing judicial consensus that the demanding test for serious offenders to resist deportation on grounds of family life ought to be applied with some flexibility.