Law and Rights
Khyra Ishaq was aged 7 when she starved to death in squalid conditions in Birmingham. Khyra's siblings have been the subject of care proceedings and the judge, Mrs Justice King, concluded that, in all probability, Khyra would not have died had there been an adequate initial assessment by social services and proper adherence by educational welfare services to their own guidance. The Birmingham Local Safeguarding Children Board have yet to complete a Serious Case review. The Department for Children, Schools and Families has made this statement.
Khyra's mother (Angela Gordon) and her partner (Junaid Abuhamza) stand convicted of manslaughter. Pleas of guilty to manslaughter based on diminished responsibility were accepted - (during the sixth week of a re-trial) - after psychiatric reports were presented. They are to be sentenced in the near future.
The reality is that we have a good legal structure for protecting children and yet these tragedies continue to occur. How to prevent them appears to be the elusive issue and, no doubt, the reviews will lead to yet more recommendations.
Key elements in the cases often seem to be that concerns were not thoroughly investigated or that legal proceedings were not commenced soon enough. The child at risk of "significant harm" can be protected by the obtaining of an interim care order. It is not necessary to wait for actual harm to occur since "likelihood" of significant harm suffices. Whilst local authorities have (as public bodies) to consider the Right to Respect for Private Family Life (Article 8 European Convention on Human Rights), initiation of proceedings is sometimes delayed until there is a considerable amount of evidence available and, sometimes, much more evidence than would justify a finding of likelihood of significant harm under the Children Act 1989 s.31.
See Daily Telegraph 26th February 2010. One side-effect of this case might turn out to be restrictions imposed on home-schooling - Daily Telegraph.
- Munro Review On Child Protection Reports
Professor Eileen Munro has issued her final report on Child Protection. - (pdf - large file) and also see the Munro Review of Child Protection on the Department for Education website. The report makes 15 recommendations which, Professor Munro claims,...
- Child Protection: The Munro (interim) Report
In June 2010, Professor Eileen Munro was asked by the Secretary of State for Education (Michael Gove MP) to conduct a review of Child Protection arrangements. To date, Professor Munro has produced two reports: The Munro Review of Child Protection:...
- Khyra Ishaq - The Serious Case Review Report
The Birmingham Safeguarding Children Board has published the Serious Case Review Report into the death of Khyra Ishaq. Law and Lawyers covered this case on 26th February 2010 with follow up here and here. The report is lengthy - 180 pages...
- Outcomes Of Cases
Angela Gordon, the mother of Khyra Ishaq has been jailed for 15 years and Junaid Abuhamza (the mother's partner) has been sentenced to indefinite imprisonment but with a minimum term of seven and a half years. Both were convicted of manslaughter. ...
- Children And The Law: No.1 - The Edlington Case
Two boys (A and B), now aged 11 and 12, have been sentenced to indeterminate detention for offences against three others (C, D and E). The offences included causing grievous bodily harm, robbery and causing or inciting a child under the age of 13 to engage...
Law and Rights
The Khyra Ishaq case: yet another avoidable tragedy
Khyra's mother (Angela Gordon) and her partner (Junaid Abuhamza) stand convicted of manslaughter. Pleas of guilty to manslaughter based on diminished responsibility were accepted - (during the sixth week of a re-trial) - after psychiatric reports were presented. They are to be sentenced in the near future.
The reality is that we have a good legal structure for protecting children and yet these tragedies continue to occur. How to prevent them appears to be the elusive issue and, no doubt, the reviews will lead to yet more recommendations.
Key elements in the cases often seem to be that concerns were not thoroughly investigated or that legal proceedings were not commenced soon enough. The child at risk of "significant harm" can be protected by the obtaining of an interim care order. It is not necessary to wait for actual harm to occur since "likelihood" of significant harm suffices. Whilst local authorities have (as public bodies) to consider the Right to Respect for Private Family Life (Article 8 European Convention on Human Rights), initiation of proceedings is sometimes delayed until there is a considerable amount of evidence available and, sometimes, much more evidence than would justify a finding of likelihood of significant harm under the Children Act 1989 s.31.
See Daily Telegraph 26th February 2010. One side-effect of this case might turn out to be restrictions imposed on home-schooling - Daily Telegraph.
- Munro Review On Child Protection Reports
Professor Eileen Munro has issued her final report on Child Protection. - (pdf - large file) and also see the Munro Review of Child Protection on the Department for Education website. The report makes 15 recommendations which, Professor Munro claims,...
- Child Protection: The Munro (interim) Report
In June 2010, Professor Eileen Munro was asked by the Secretary of State for Education (Michael Gove MP) to conduct a review of Child Protection arrangements. To date, Professor Munro has produced two reports: The Munro Review of Child Protection:...
- Khyra Ishaq - The Serious Case Review Report
The Birmingham Safeguarding Children Board has published the Serious Case Review Report into the death of Khyra Ishaq. Law and Lawyers covered this case on 26th February 2010 with follow up here and here. The report is lengthy - 180 pages...
- Outcomes Of Cases
Angela Gordon, the mother of Khyra Ishaq has been jailed for 15 years and Junaid Abuhamza (the mother's partner) has been sentenced to indefinite imprisonment but with a minimum term of seven and a half years. Both were convicted of manslaughter. ...
- Children And The Law: No.1 - The Edlington Case
Two boys (A and B), now aged 11 and 12, have been sentenced to indeterminate detention for offences against three others (C, D and E). The offences included causing grievous bodily harm, robbery and causing or inciting a child under the age of 13 to engage...