Pamela Warner

Areas of Practice

Children - Public Law & Private Law (mainly r 9.5)

Adoption

Abduction

Memberships

Family Law Bar Association

Association of Lawyers for children

British Association for Adoption and Fostering

Criminal Bar Association

Education

BA Hons (Law) at University of Hertfordshire

Inns of Court School of Law

Judicial And Other Appoinments or Relevant Actvities

Recorder (2009)

Panel member of a North London fostering agency

Particular Practice Interests

Practice involves children in both public and private law proceedings (generally children in r 9.5) - particularly those involving non- accidental injuries (including head or shaken baby) and sexual abuse, attempted murder; ritual abuse and serious physical and emotional abuse. Also specialises in adoption (including International) and wardship. Client profile includes: Guardians, competent children, parents, extended family members and prospective adopters; acting in particular for vulnerable adults due to age and learning difficulties; mothers who are themselves subject to the proceedings. Particular interest in public law cases with concurrent criminal proceedings.

Cases of Interest

Since 1999

Re X [2006] 2 FLR 701 � represented child in leading case on Emergency Protection Orders;

Lambeth V S, C, J [2007] 1FLR 152 � powers of the High Court in relation to the national DNA data base

Previous

Non-accidental injury: Represented two children - the youngest child (then aged 3 months) presented at hospital with brain damage. Both children were haemophiliacs and therefore susceptible to spontaneous bleeds. Case required the additional expertise of a consultant haematologist. The fact finding hearing lasted two weeks and concluded with findings of NAHI. Both parents represented by Leading Counsel.

Non-accidental injury: Represented three children - the youngest child (aged six months) presented to A & E moribund having suffered subdural and subarachnoid haemorrhaging. The evidence was further complicated as the child did not present with the usual triad of medical features usually present in NAHI/suspected shaken baby injuries. Additionally, there were aspects to his birth requiring the instruction of a Consultant in Obstetrics Gynaecology and a Consultant Clinical Geneticist.

International Adoption: Instructed to advise the Guardian on the merits (did not represent the child in the lower courts) in the landmark Court of Appeal case relating to s 84 Adoption and Children Act 2002 (the amount of time required to be spent in this country when a local authority assess foreign adopters)

[see: http://www.bailii.org/ew/cases/EWCA/Civ/2009/41.html ].

International Adoption: instructed on behalf of prospective adopters in relation to adoption a foreign national child. Of note: (i) the child was a blood relative of prospective adopters (not surrogacy) and the High Court to be persuaded that adoption (as opposed to a Special Guardianship or residence order) in her best interest (ii) the child brought into the country illegally; and (iii) the prospective adopters did not satisfy any of the conditions under s 42 (1)-(5) permitting them to apply to adopt the child and therefore required leave pursuant to s 42(6). At the time of the application there was no case law on this section. Court directed that child be separately represented by CAFCASS. Adoption order made.