3PB Family Barrister Emma Harman explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.
Overview
Emma is an experienced fearless advocate with a meticulous attention to detail and preparation both in and out of court.
She is a robust advocate who always takes a pragmatic approach. She has a strong reputation for not only her aptitude but also her empathetic approach with clients.
Emma represents clients in cases at all levels of the Family Court including the High Court and Court of Appeal.
Expertise
-
Family Add this expertise to your shortlist Emma's areas of expertise include:
Public Law
Emma receives instructions from local authorities, parents, grandparents and guardians in a variety of cases many involving complex issues such as non-accidental injury, child fatality, sexual abuse, significant mental health issues, cognitive / capacity issues and personality disorders. Emma has appeared against leading counsel as well as having recently been led by leading counsel in an infant death case.
Private Law
Emma is briefed on all aspects of private law proceedings, many of which have included domestic abuse, sexual abuse, intractable contact disputes, parental alienation, implacable hostility, r16.4 guardians, internal and international relocation and also child abduction.
Emma quickly gets to the heart of the issues in such cases with a view to achieving the best possible outcome for her clients in a timely manner, whilst at the same time striving for an outcome that will work for the entire family and avoid the need for future litigation.
Court of Protection
Emma has experience in a wide range of Court of Protection matters including:
- Deprivation of liberty
- Contact
- Welfare
- Medical treatment
- LPAs and EPAs
- Property and financial affairs
- Statutory wills.
Within DOLs applications, Emma represents Local Authorities, CCGs and the Official Solicitor. Emma has a particular interest in the cross-over between family proceedings and the deprivation of liberty of young persons.
Surrogacy
Emma has experience in assisted reproduction matters involving parental order applications as well as other alternatives including adoption and child arrangement orders, many of which involve international surrogacy arrangements.
Examples of recent cases:
Re FM (A Child) [2016] EWCA Civ 189
Represented a mother who appealed against a special guardianship order made in favour of the mother's sister. The case involved a variety of issues including allegations of significant mental health problems, drugs, and extremely complicated family dynamics. The Court of Appeal granted permission to the mother to appeal, however in its reserved judgement dismissed the appeal. In the Court of Appeal Judgment, Baker J commented: “The argument in support of the mother's appeal has been presented by Miss Harman and the court is grateful to her for her thoughtful and well-constructed submissions”.
Unreported cases:
Re: R 2017
Representing a mother in complex care proceedings in which multi-generational, inter-familial and inter-sibling sexual abuse is alleged. Ongoing proceedings.
Re O, Z & K [2017]
Led by Darren Howe QC, representing an uncle who had originally been in the pool of possible perpetrators in relation to over 42 various injuries to a 3 month old baby, which were said to have been sustained on at least four different occasions. The injuries included a catastrophic brain injury that led to the infant’s death. The father was found by the Family Court to have caused the injuries by the Family Court and then later convicted in the Crown Court of murder.
Re: E and H [2017]
Representation of a father in longstanding care proceedings involving head and leg fractures to a child. The case involved leading counsel and a unique challenge by one party of an intervenor’s capacity to conduct legal proceedings.
Re: W [2016]
Representation of a mother in which she was the subject of allegations of the attempted drowning of her child.
Re: A & J [2016]
Represented a mother in care proceedings including a finding of fact hearing in which the mother was in the pool of possible perpetrators in relation to a significant brain injury and retinal haemorrhaging of a 4 month old baby, or failure to protect in the alternative. Successfully exonerated the mother from any findings.
Re: I [2016]
Represented a maternal grandmother who sought the care of her daughter’s 4 children. The mother had been murdered by the father of 2 of the children. The case lasted almost 2 years, however concluded with all 4 children being placed with the maternal grandmother under an SGO.
Re W [2015]
Represented a mother in an application for an interim care order with a plan for immediate removal of the child from the mother's care. Successfully defeated the application in its entirety despite opposition from the local authority, guardian, and adverse evidence from an adult psychiatrist and child psychologist.
Re: C 2014
Successfully represented a father against allegations of rape and threats to kill.
Re: G 2014
Represented a mother in private law proceedings in which the child had made numerous sexual abuse disclosures against the father. Successfully proved the allegations and achieved a no contact order and s.91(14) bar.
-
Articles -
Parents with Learning Disabilities and a Local Authority’s Responsibilities
19th Jan 2018View Article
-
-
Recommendations Respected for her advocacy in public and private family law cases. Her caseload includes sensitive matters concerning sexual and domestic abuse, as well as non-accidental injuries. She represents both parents and local authorities.
Strengths: "She is well prepared, good on the law and technicalities, and well liked by clients. She is firm but also sensitive in her approach to the matter, which means she is always well respected by the tribunal." "She is extremely diligent, friendly and hard-working."Chambers UK 2021/Family - Children Western Bar -Band 2
Respected for her advocacy in public and private family law cases. She represents relatives, guardians and local authorities in connection with a vast array of subjects including abuse, violence, injury and abduction. In addition to her work on children matters, she also acts on complex financial remedy cases.
Strengths: "Emma Harman has a great manner with clients and is very thorough in her preparation of cases and attention to detail." "She's incredibly knowledgeable, well prepared and incredibly efficient."Chambers UK 2020/Family - Matrimonial - Western (Bar) - Band 3
"An extremely able junior with a keen eye for the detail of the case." "Very thorough and a superb advocate."
Chambers UK 2019/Family - Matrimonial - Western (Bar)‘She is always extremely professional and works very hard on every case. She prepares cases to the minute detail and works with the instructing solicitor. She will always be in constant communication where she is covering a long length hearing and maintains an interest even after her involvement in the case has ended. She is approachable and very good with clients. Fantastic that she also participates in the Direct Access scheme.’
Legal 500 2021/Child Law (Public and Private)/Leading Juniors/Tier 1/Western Circuit‘Efficient, meticulous, and knowledgeable.’
Legal 500 2020 - Family and children law – Leading juniors‘She has particular expertise in working with clients who have learning difficulties.’
Legal 500 2018/19 - Family and children law – Leading juniors"Emma knew every fine detail, case notes and it was evident that she had spent time, emailing for more information and questing to make sure our evidence was as sound as it could be. Within her cross examination she was clever in her questioning, building and layering the picture to help us evidence our case. Emma was engaging, professional and a pleasure to work with. She is very much liked by all the Social Workers here and now we have used her for us we will be using her again."
Amy Bartram, Borough of Poole, 2019" One of my Social Workers said ‘how can any parent lose if they have Emma Harman.’
Amy Bartram, Borough of Poole, 2019‘She has the makings of a future silk.’
Legal 500 2017 - Family and children law – Leading juniors"Emma was fantastic and so on the ball, and in my opinion took control of the opposition barrister and the outcome of the matter. I would recommend her to anyone without hesitation."
Client, 2014
Expand recommendations
Academic qualifications
- BVC Inns of Court School of Law
- LLB (Hons) Brunel University
- Jules Thorn Scholar
Professional bodies
- Family Law Bar Association
- Member of the Western Circuit
Direct Access
Emma Harman is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationRelated Articles
-
Chambers & Partners 2021 UK Bar directory attributed a record 17 barrister rankings to our Family Silks and Junior barristers, across the Midlands, Western, London and South Eastern circuits in its latest edition, covering both finance and children work. The Directory ranked the team in Band 2 in the Midlands and in the Western Circuits. Meanwhile, the Legal 500 elected to rank 24 of our members across the same four circuits. The Directory gave the...
Continue reading -
The 3PB family team has published its September newsletter bringing you a round-up of news, articles and presentations from our latest brunch talks. Edited by Amy Beddis, this issue includes contributions from or news about Elizabeth McGrath QC, Vanessa Meachin QC, Martine Kushner, Lawrence Messling, Lucy Hendry, Rachael Goodall, Michael George, Aimee Fox, Emma Harman, Emma Griffiths, Alex Hodge, Oliver Thorne, Emma Southern as well as details of our upcoming events featuring Elisabeth Hudson, Nathalie...
Continue reading -
The 3PB family team brings you a round-up of the latest news and a summary of the talks from our recent series of brunch talks. This issue includes contributions from or news about Vanessa Meachin QC, Aimee Fox, Amy Beddis, Gemma Chapman, Emma Harman, Emma Griffiths, Michael George, Antonida Kocharova, James Legg, Hamish Dunlop, Sarah Jennings, Theresa Lim, Adeo Fraser, Nicola Frost, Hannah Bush, and Steven Howard as well as details of our upcoming events....
Continue reading -
The recent case of A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94 has highlighted the importance that all families in which one or more of the parents has a learning disability are given the support that they require to be able to care for their children. However, the judge in this case found that this obligation does not extend to support that is tantamount to substituted parenting. To read Emma's full...
Continue reading
