Legal Guidance and Research / Experts / Ruth Cabeza
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Ruth Cabeza

Harcourt Chambers
I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

Practice Area

Panels

  • Consulting Editorial Board
  • Contributing Author

Qualified Year

  • 1998

Membership

  • Middle Temple
  • South Eastern Circuit
  • Association of Lawyers for Children
  • Family Law Bar Association
  • Fellow of the International Academy of Matrimonial Lawyers

Qualification

  • LLB, Bar Vocational Course

Education

  • University of Kent 1996

3 Contributions by Ruth Cabeza

Designation of Local Authorities in Care and Supervision Orders: Ordinary Residence, s 31(8), s 105(6), A v A, and 1996 Hague Convention (England and Wales)
PRACTICE NOTES
Designation of Local Authorities in Care and Supervision Orders: Ordinary Residence, s 31(8), s 105(6), A v A, and 1996 Hague Convention (England and Wales)
This Practice Note offers practical guidance on the frequently debated question of which local authority should be designated for section 31 of the Children Act 1989 (ChA 1989). Specifically, it examines and clarifies: the distinct statutory criteria governing designation for both care orders and supervision orders in such cases for care orders, whether and to what extent A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre) influences the understanding of ‘ordinary residence’ in particular the operation of the ‘stop clock’ in ChA 1989, s 105(6), and the effect of amendments to ChA 1989, s 22 introduced by the Children and Young Persons Act 2008 on the definition of a looked after child in this context General principles The Family Court may not issue a care order or a supervision order in the abstract. Any such order must identify the local authority charged with the responsibility of caring for, or supervising, the child in question. The order must, therefore, designate the authority that is to be responsible. Upon designation, the local authority with responsibility for the child under a care or supervision order assumes statutory duties towards that child. Those duties bring with them resource implications and it is therefore unsurprising...
Local Government
Section 20 Children Act 1989 (England): Best practice on voluntary accommodation—delegation not consent, avoiding delay, PLWG guidance, and Article 8 HRA damages post Williams v Hackney
PRACTICE NOTES
Section 20 Children Act 1989 (England): Best practice on voluntary accommodation—delegation not consent, avoiding delay, PLWG guidance, and Article 8 HRA damages post Williams v Hackney
Practice Note This Practice Note offers local authorities best practice guidance for accommodating children by voluntary agreement under section 20 of the Children Act 1989 (ChA 1989). It sets out the essentials of a section 20 arrangement and underscores the particular need to prevent drift and delay when making decisions about a child’s long‑term care. It further examines whether claims for damages under the Human Rights Act 1998 (HRA 1998), founded on an alleged breach of Article 8 of the European Convention on Human Rights (ECHR), are capable of being sustained. The information provided in this Practice Note concerns the current law in England. The Welsh framework in this field is contained in the Social Services and Well‑being (Wales) Act 2014 and related statutory instruments. For further detailed reading on the Welsh position, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales...
Local Government
Staying Put for care leavers: Children Act 1989 s 23CZA—eligibility, pathway planning, local authority duties, agreements and implications when young people remain with former foster carers (England)
PRACTICE NOTES
Staying Put for care leavers: Children Act 1989 s 23CZA—eligibility, pathway planning, local authority duties, agreements and implications when young people remain with former foster carers (England)
This Practice Note sets out the ‘staying put’ provisions in section 23CZA of the Children Act 1989 (ChA 1989). Purpose of the arrangement Eligibility requirements How arrangements should be formalised Duties of the local authority Implications of ongoing care for the foster carer What is the purpose of a staying put arrangement? The ‘staying put’ scheme in ChA 1989, s 23CZA provides a statutory route for a young person to continue living with their foster family for up to three years after their 18th birthday. Its purpose is to ensure care leavers have the same type of security and support as their peers. Although an 18-year-old is an adult in law, many young people do not yet have the financial independence or emotional maturity to move out on their 18th birthday and establish an independent life. Many young adults still need emotional, practical and financial support from their families while they progress from young adulthood to independent adulthood. For former foster children, the...
Local Government
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