Simon Miller

Simon has specialised in children law for more than 20 years. He appears regularly for a number of local authorities, as well as parents and children’s guardians in cases have relating to complex medical issues including bruising, fractures (vitamin D), head injuries, sexual abuse, factitious illness, and the death of children.

In addition, he has also provided representation on cases involving domestic violence, chronic neglect, drugs and/or alcohol abuse, learning disabilities and mental health issues.

Simon has also undertaken pro bono cases.

Notable Public Law Children cases

Application by Mother to reopen findings in care proceedings that were concluded in 2023, on the grounds that she was unable to attend court, due to the absence of an intermediary.

Appeal by local authority against refusal to make order allowing an 11-month-old child to be placed for adoption.

Appeal by mother from decision, largely based on hair strand testing, to remove children in interim care from the care of their maternal grandmother.

Fact-finding hearing in care proceedings issued following death of sibling.

Couple’s adoption allowed to proceed in spite of the death of a spouse.

An interesting child abduction case that raises two important legal principles and the imposition on local authorities to provide accommodation under S5 Child Abduction and Custody Act 1985.

The mother abducted the child from Ireland to this jurisdiction.

The child had profound disabilities, which were, prior to the abduction, being met by a specialist school in Ireland.

Soon after arrival, the child was made subject to police protection. The child was initially placed in a specialist children’s home, and after the father had been called by the social worker, he came to this jurisdiction, and the child placed in his care in a hotel.

There are two important legal principles which the court addressed.

The first issue was whether the court should release the father from undertakings he gave to the court not to return to Ireland with the child. The court decided it could – see paragraphs 37 – 64 for the legal analysis.

The second issue was whether the court could make an interim return order under S5 CACA 1985 to allow the father to return to Ireland with his child. The court decided it could make such an interim return order – see paragraphs 65 – 74 for the legal analysis.

An important issue for the local authority was the funding of accommodation until the final hearing in February 2023 under S5 CACA 1985, which would fall heavily on the local authority purse strings. A recent Supreme Court case reported at [2023] UKSC 45 (28th November 2023), considered analogous issues of limited housing stock and severe budgetary constraints which may well be of importance in any further applications within the remit of this case.

Final hearing of care proceedings concerning two children. Older child to live at placement pursuant to care order and younger child placed with father.

Fact-finding in care proceedings. Found that children had suffered emotional harm and neglect whilst in the care of their mother.

Further application by local authority for committal of father for contempt for breach of orders relating to the return of his children, believed to be in Somalia. The father was found in breach of the court orders and was sentenced to one year in prison.

Appeal by father against interim care orders made in respect of three children.

Appeal by father against 12 month committal for breaches of orders relating to the return of children to this jurisdiction. Appeal dismissed.

Application by LA for an order under inherent jurisdiction authorising the LA to deprive a 17-year-old child of her liberty.

Order of Judd J authorising a local authority to proceed with an adoption favoured by the parents without first assessing the paternal grandmother as a potential carer.

An important case which examined the approach to be taken when an English child is accommodated under an interim care order in a placement in Scotland that has not been approved by the Scottish Ministers for the provision of secure accommodation and is subject to deprivation of liberty orders.

Fact-finding. Acting for the children. Mother and Father represented by QCs. Maternal grandparents representing themselves.

Three-week fact-finding hearing into serious head and brain injuries to a six-month-old baby at the hands of the mother and/or father.