Ashya King (2)

Mr Justice Baker has handed down judgment in the wardship case of Ashya King - (see earlier post)

Judiciary website - Judgments and Orders

Baker J said that Portsmouth Council had acted "entirely correctly" and the parents had reached a treatment plan for Ashya which was "coherent and reasonable"  Ashya had been admitted to hospital for proton treatment and appropriate funding arrangements were in place.  Ashya was therefore no longer to be a ward of court.  The learned judge chose not to make any comment about the appropriateness of the European Arrest Warrant though he commented that it was not in Ashya's best interests for him to have been separated from his parents in such circumstances.

EU ~ Lisbon Treaty ~ the bloc opt-out and selective opt-back-in

"Whether EU measures covered by the so-called '2014 block opt-out decision' continue to apply to the United Kingdom and become subject to the jurisdiction of the Court of Justice from 1 December 2014 is a profoundly significant issue. Some—including the European Arrest Warrant—raise questions affecting public safety and security, as well as the protection of individual rights" - (First Joint Report from the European Scrutiny, Home Affairs and Justice Committee - 19th March 2014).

The UK government had the right under the Lisbon Treaty to opt-out of some 135 EU measures relating to justice and home affairs - (post of 19th October 2012).  They also had the right to select which ones to opt back into and it seems that the government has chosen to opt back into around 35 of those measures including the European Arrest Warrant which came to the forefront of the news this week in the Ashya King case. 

Ashya King

Update 5th September -  Judiciary - Court Order of 2nd September

Ashya King is a 5 year old boy who suffers from a brain tumour.  He was undergoing treatment at Southampton General Hospital.  According to an article in the Southern Daily Echo 29th August, Ashya was a "long term patient who was permitted to leave the ward under the supervision of his parents as part of his ongoing rehabilitation.  When the length of time he had been absent became a cause of concern to hospital staff ... they contacted police after a search of the site and attempts to contact the family were unsuccessful."  It appears that the parents were hoping to obtain a treatment (proton beam therapy) for Ashya's condition that is available in some European countries but not in the UK. 

The Police eventually obtained a European Arrest Warrant (EAW) (to which Part 3 of the Extradition Act 2003 applies) having discovered that Aysha had been taken, via France, to Spain.   Issues relating to "neglect" were reported to be a basis for the EAW but precise details of any alleged offence were not stated publicly.  Portsmouth Council also took out wardship proceedings in the High Court - see the Order of 29th August. In accordance with the EAW, the parents were arrested in Spain and held in custody.

Child abuse independent inquiry panel

Child abuse inquiry

On 7th July, the Home Secretary made a statement in Parliament on child abuse investigations.  

'I can now tell the House that the government will establish an independent inquiry panel of experts in the law and child protection to consider whether public bodies – and other non-state institutions – have taken seriously their duty of care to protect children from sexual abuse. The inquiry panel will be chaired by an appropriately senior and experienced figure. It will begin its work as soon as possible after the appointment of the chairman and other members of the panel.'

It was later announced

Rotherham ~ Sexual Exploitation of Children ~ the reports

Updated 3rd September

The last week of August saw an explosion of media comment regarding sexual exploitation* of children in the South Yorkshire town of Rotherham in the years 1997-2013 - see ITV Report finds shocking scale of abuse

See also Rotherham Child Sexual Exploitation Scandal

The Jay Report:

The comment followed a report by Professor Alexis Jay OBE which was commissioned in September 2013 by the Chief Executive of Rotherham Metropolitan District Council - Independent Inquiry into Child Sexual Exploitation in Rotherham (1997-2013).

The Police and Crime Commissioner:

Much of the media comment demanded the resignation of the Police and Crime Commissioner (Mr Shaun Wright) - for example, The Guardian 29th August.  A number of national politicians also joined in these calls - (e.g. The Independent 28th August).  In 2005 Mr Wright (then an elected councillor) became Rotherham Metropolitan District Council's Cabinet Member for Children and Young People's Services.  The Jay Report notes that,

Serious concerns about British citizens fighting abroad

There is growing and serious concern about British nationals going abroad to take part in armed combat in countries such as Syria, Iraq etc.  There are political calls for the government to increase the use of powers that it has in this area to either withdraw passports or deprive an individual of British nationality (e.g. where the individual has dual nationality).  The law is complex.  The following links will be of interest:

British Nationality Act 1981 section 40 - Deprivation of Citizenship

Immigration Act 2014 section 66 - amending section 40 of the British Nationality Act 1981 - this came into force on 28th July 2014.

Parliament - House of Commons Library Standard Note - Immigration Bill: Deprivation of citizenship

Withdrawal of passports - Government statement of 25th April 2013

Previous post 5th February 2014 - Fighting abroad ~ is it against the law?

In  the event that

Judicial Appointments ~ How it was: how it is

Professor Gary Slapper is a leading academic lawyer and well-known legal author. Recently, he posted the tweet shown below.  That's how it was.  These days, lawyers apply for posts in the judiciary in response to advertisements from the Judicial Appointments Commission.  Of course, this has got rid of the old "tap on the shoulder" system.  That's how it is.

The change came about as a result of the Constitutional Reform Act 2005 Part 4

.@Auntie_Ag @pjm1kbw allow me to demur on "aspirant judges". Historically, the sole debarring criterion for the Bench was to ask to be on it
— Gary Slapper (@garyslapper) August 20, 2014