Family Law
Overview
Elizabeth was a family barrister whose work covered a wide range of family issues, including care and private law cases. She frequently represented children as well as parents in the Court of Appeal, the High Court, Principal Registry of the Family Division and the County Court.
Elizabeth was recently part of the legal team in the People's Commission of Inquiry into the proposals by the Secretary of State for Health for closures at Lewisham Hospital. She was also a co-ordinator at the International Commission of Inquiry into the Miami 5 (Cubans imprisoned in the US). She has recently become involved with the group Housing for Women and is also working on the Legal Landmarks for Women project.
Notable Cases
Re B (a child) [2013] UKSC 33
Appeal against the decision of the Court of Appeal. Issues identified by the court for their consideration included the meaning of significant harm, the relationship between the nature and the gravity of the harm which is feared and the degree of likelihood of that harm being suffered in the future, the proportionality of a care order with a care plan for adoption in a case such as this and the proper approach of the Court of Appeal to a finding that the threshold has been crossed. Elizabeth represented the child through her Children's Guardian in this case. A webinar of a discussion of the case with other members of the child's legal team is available for download.
B (a child) [2012] EWCA Civ 1475
Appeal against the making of a care order with a care plan of adoption, when the child in question had been removed from her parents' care shortly after birth and not suffered any physical harm. Appeal dismissed.
Re H [2008] EWCA Civ 1245
Appeal against the making of a care order. Appeal allowed. The judge did not give sufficient weight to the need of the child, aged 10, to maintain the very significant relationship with her mother.
Lambeth London Borough v S, C, V and J (By his Children's Guardian, N), Commissioner of Police of the Metropolis and Secretary of State for the Home Department Intervening [2006] EWHC 326 (Fam)
Issue of paternity raised by the mother. Presumed father was dead having been unlawfully killed. Metropolitan Police held the only example of his DNA. The case explored whether that should be made available to establish the child's paternity. It was maintained it should not.
Re J (Care: Assessment: Fair Trial) [2006] EWCA Civ 545, (2006) The Times June 21
Challenge to the making of a care order where a meeting of professionals had not included the mother, herself a minor. Appeal failed.
Lambeth London Borough v S, C, V and J (By his Children's Guardian); Legal Services Commission Intervening [2005] EWHC 776 (Fam), [2005] 2 FLR 1171
Duty of local authority to pay for assessments of potential carers.
Re M (Sperm Donor Father) [2003] Fam Law 94
Rights of contact of a father who had donated sperm to a lesbian couple.
