Deirdre Fottrell

Deirdre Fottrell has a mixed family and civil practice.

She acts for parents, local authorities and guardians in public and private law Children Act and Adoption matters. She regularly acts in cases involving complex medical and factual evidence arising from possible non-accidental injuries and in cases where there are allegations of sexual or physical abuse. She has particular expertise in the Human Rights Act and she regularly advises and acts for parties in the Administrative Court in cases which involve judicial review applications arising from the Children Act 1989. She also acts in child abduction matters and cases involving jurisdictional issues under Brussels II A.

In addition Deirdre has a general civil practice and advises and represents claimants and defendants in cases involving community care, adult incapacity, age assessments, fostering and adoption regulations, leaving care provisions, support services for kinship carers, s.17 assessments and other judicial review matters. Within those areas her particular expertise is on the Human Rights Act 1998.

Before coming to the Bar, Deirdre worked as a university lecturer in human rights law. She continues to be a member of the law faculty and the Human Rights Centre at the University of Essex where she teaches international human rights law. Since 2002 she has been a Visiting Professor at the Center for Human Rights at Columbia University in New York where she teaches on the summer school programme.

She has edited two books and published numerous academic articles on human rights, child law and discrimination issues generally. She is a contributor to the Sweet & Maxwell loose-leaf, Human Rights Practice, edited by Simor and Emmerson. She has acted as a consultant to UNIFEM, the Council of Europe and the British Council and has provided training to lawyers and judges on the ECHR, and international human rights in the UK and overseas. She has also been a consultant on human rights issues to NGOs such as the AIRE centre, Interights, Liberty and the British Institute of Human Rights. She is a member of the Executive Committee of the Human Rights Lawyers Association. In 2006 she was recognised by the Association of Lawyers for Children as ‘The Outstanding Newcomer in the Field of Child Law’.

Human Rights Lawyers Association

The Family Law Bar Association

Association of Lawyers for Children

Blackstone Exhibition Scholar (Middle Temple)

Reported Cases

Family

Re H (Children) (Care Plan) [2011] EWCA Civ 1009, All ER (D) 83 Sep

Interim order - Local authority concerned about ability of mother to provide adequate parenting for daughter - Authority applying for interim care order - Judge granting interim order - Mother applying for injunction preventing authority separating her from daughter - Human Rights Act 1998, s 8(1)

A and A v P, P and B [2011] EWHC 1738 (Fam)

Surrogacy - s 54 of the Human Fertilisation and Embryology Act 2008. Consideration of whether the court could make a parental order in favour of a deceased parent- Human Rights Act 1998 section 3 - Right to Family Life under Article 8 ECHR.

A County Council v K & Ors (By the Child's Guardian HT) [2011] EWHC 1672 (Fam) Judgments (05/07/2011)

Judgment of the President of the Family Division supporting the independence of guardians appointed to act for children in family case.

Re E (Children) [2011] UKSC 28

Hague Convention on the Civil Aspects of Child Abduction - Removal outside jurisdiction - Return order - Principles to be applied.

ECC v SM & others [2010] EWHC 1694

Hague Convention Adoption Order -  s.28 of the Adoption and Children Act 2002 - removal of a child subject to a placement order from the UK pending the Adoption Order - consideration of circumstances in which the court should grant leave under s.28 of the Act.

Re A (abduction: interim directions: accommodation by local authority) [2010] EWCA Civ 586

Child – Abduction– Whether court's power extended to directing local authority to provide accommodation for abductor and abducted children – Child Abduction and Custody Act 1985, s 5.

Publicity human rights – publication of information already in the public domain – whether possible to restrain further publication.

Placement of child overseas under Children Act 1989 Schedule 2 paragraph 19 and s.84 Adoption and Children Act 2002.

Local Authority – Foster Care – Transfer out of Foster Care to Grandparents – statutory basis of the provision of accommodation – duties of two local authorities.

Children – contact order – application by father – supervised contact – application refused – correctness of decision- overturned on appeal.

Civil

R (on the Application of O) v Essex County Council [2010] EWHC (Admin) 21st October 2010

Judicial Review of Local Authority decision as to the funding of therapy after a care order - permission granted.

Immingration - Asylum seeker - Unaccompanied asylum seeker claiming to be under 18 years old - Age assessment - Local authority assessing claimant to be over 18

Adoption – suitability of adopters – prospective adopters not approved by adoption panel – independent review mechanism recommended approval – recommendation rejected – decision of adoption agency decision maker quashed.

Community care – provision of services – Fair Access to Care Services – provision to those with ‘critical’ needs only – consultation process – Disability Discrimination Act 1995 s.49A.