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30 Park Place, Cardiff CF10 3BS :: Tel 02920 398421 :: Fax 02920 398725 :: DX 50756 Cardiff 2
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Ruth Henke QC

Year of Call
1987, Inner Temple

Practice areas
Child Care, Education Law, Family Law, Public and Administrative Law

Profile

"...held in high regard for her expertise in children matters...described as 'bright and hard-working', and valued for her straight-talking style: 'you know where you stand with her'".
Chambers & Partners 2009

"...works incredibly hard, very sage, with a clear understanding of where a case should be going".
Chambers & Partners 2008

"...extremely astute - sensitive, but holds her ground in difficult children's work".
Legal 500 2008

Ruth Henke was educated at Howells School, Llandaff before reading Jurisprudence at Worcester College, Oxford from 1983 to 1986. She then undertook her Bar Finals at the Council of Legal Education in London the following year.

From 1989 to July 2001 she practised in Swansea, before moving to join the Family Law team at 30 Park Place.

She practises primarily in areas of law affecting children. Her particular areas of specialisation include Children Act applications (both public and private law), Education Law, Mental Health Law and Administrative Court work. She is also frequently instructed by public bodies, particularly Local Authorities, to advise on matters of policy, including Public Interest Immunity (PII).

Ruth Henke was counsel to the Carlile Review "Too Serious a Thing", and was a member of the Safeguarding Vulnerable Children Review which reported in 2006.

She has also provided lectures to the National Assembly for Wales and the Department of Health on information-sharing in child protection.

Fields of Work

Child Care

  • Possibility of underlying metabolic disorder causing subdural haematoma and retinal hemorrhages
  • Alleged attempted strangulation/suffocation of baby
  • Court of Appeal-Judge's decision to adopt outside family
  • Unborn baby-parents heroin addicts
  • Special Guardianship orders replacing Adoption orders - dependant on best interests of child
  • Court of Appeal-discretion of Judge to make care order based on a report after a six-hour visit with child's family in Turkey
  • Application for child care by failed assylum seeker (Turkish)
  • Immigration status-Japanese mother, Portugese father
  • Child protection-information sharing
  • Care assessment-rights of children/parents-'fair trial'
  • Salt contamination. 14-week old baby admitted to hospital, diagnosis confirmed by testing of baby food container. Several possible perpetrators
  • Shaken-baby syndrome. Brain damage to 16-week old baby. Several possible perpetrators-criminal trial
  • Dispute between leading child psychiatrists (one American)-behaviour caused by mother with low IQ, neglect and emotional harm-unsafe inference of sexual abuse
  • Care proceedings complicated by concurrent decision by police to charge both parents with murder of sibling 2 years prior

Public law/Judicial Review (JR)

  • Issue of doctors seeking permission not to resuscitate seriously ill child in the event of any deterioration in condition
  • LA responsibility-children of illegal immigrants
  • 'Best interest'-capacity to litigate in care case
  • JR-application for tertiary education grant
  • Hire of premises-child protection policy for recreational facilities
  • Injunction against harrassment of LA officers by e-mail
  • JR-medical care in prison (Assembly)
  • JR-standard of proof-suspension from school
  • JR-continuing health care funding-epileptic/autistic child
  • JR-special educational needs (autism)
  • JR-special educational needs (life-threatening epilepsy)
  • JR-social services
  • JR-defamation against local authority
  • Maladministration in local authority
  • Direct payments to parents of children in need
  • Dispute with Health Board-continuing care
  • Dispute with Health Commission Wales over funding of life-prolonging treatment for sick child in care
  • Statutory responsibility for continuing funding placement of 3 year old with cerebral palsy-parents moved from one local authority area to another
  • Obligation of LA to fund accomodation and ongoing care for child severely disabled at birth, who received £3m in damages
  • Declaratory Relief-Mental Capacity Act
  • Displacement of nearest relative-Mental Health
  • Disciplinary investigation-Local Authority Adult Placement services
  • Care Standards-refusal to register nursing home manager
  • Autism-'best interests', choice of placement
  • Mental capacity-sufferer of Multiple Sclerosis to decide choice of carer

Education

  • School closures
  • School transport
  • Disciplinary proceedings (physical abuse  on a teacher)
  • SENT (including autism)
  • Sexual abuse inter-pupil

Trusts and Cohabitee cases

Defamation, Libel/Slander


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