Profile

Ruth Henke QC

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).

In Chambers & Partners Guide to the Legal Profession 2007 she is "...recommended for her ancillary relief work and is thought of as being 'focused, well-prepared and robust'", and in 2008 described as someone who "...works incredibly hard, very sage, with a clear understanding of where a case should be going".

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.

 

 
Practice Areas
Child Care
Education Law
Family Law
Public and Administrative Law
Appointments:

• Queen’s Counsel (Family) (2006)
• Member of the Provincial Panel of Treasury Counsel
• Member of the Panel of Counsel for National Assembly for Wales

Major Cases:

Recently Reported Cases:

• Re AJ (child) (2007) EWCA Civ. 55: held that special guardianship orders under the Children Act 1989 s.14A(6)(b) did not effectively replace adoption orders in cases where children were to be placed permanently within their wider families - decision should be based on the best interests of the particular child on the particular facts of the case;

• Re A (child) 19.10.06 reported on Lawtel: Court of Appeal consideration of discretion of Judge to make care order with a view to adoption based on a report compiled after a six-hour visit with child's family in Turkey;

• Re L (2002) 2 FLR 730: care assessment - rights of children and parents - fair trial

• R (on the application of S) v Governing Body of Ysgol Pencoed School 2002 EWHC 295 (Admin): standard of proof in disciplinary action against pupils

Qualifications:

• M.A. (Oxon)

Memberships

• Family Law Bar Association

Personal

• Interests: Foreign travel

Fields of Work

Child Care
• 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)
• LA responsibility-children of illegal immigrants
• 'Best interest'-capacity to litigate in care case
• JR-application for tertiary education grant
• JR-medical care in prison (Assembly)
• JR-standard of proof-suspension from school
• 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
• 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 Cohabite cases
Defamation, Libel/Slander