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Damian Woodward-Carlton KC

Call 1995 | Silk 2019
Telephone 020 7831 0222
Email damian.woodward-carlton@42br.com

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Damian Woodward-Carlton KC - 42 Bedford Row

Introduction

Damian is a family practitioner, appearing in the Family Court (High Court, County Court and Appellate Courts) in London and the South East. He regularly appears in complex cases involving a range of public law matters.

He has been recommended by Chambers UK and the Legal 500 for a number of years and is currently ranked in the field of Family: Children. In the Legal 500 2022 he is described as, ‘A class act."

Damian has been a governor of a local primary school since 2006, with special interest in safeguarding matters and advocating and supporting the transition to local state secondary schools.

Damian is married with three children and a dog.

Family Law

Damian has expertise in cases with medical, expert and scientific evidence; cases involving allegations of factitious and induced illness; the perpetration of non-accidental injuries; cases raising allegations of radicalisation to extremist thought and terrorism, and sexual abuse.

His clients include those with learning disabilities, mental health issues, substance abuse problems, and vulnerable witnesses along with a range of professional witnesses including local authorities and guardians.

Damian has written and lectured on radicalisation cases in the family courts and on the changing face of adoption policy and practice and participated in research into the ethics of social work practice in relation to adoption.

Damian frequently deals with complex High Court matters, including disclosure to the police and security services following a radicalisation case, fact-finding in relation to allegations of supporting terrorism and family members traveling to Syria, the impact of diplomatic immunity in public law family proceedings, fact-finding regarding alleged serious non-accidental injury and a cases of alleged factitious illness. Recent cases have also included the 'guidance case' on the handling and management of intimate images in family cases. Damian recently led the local authority team in the Supreme Court, addressing the fundamental principle of proportionality in family proceedings and the role of the appellate courts in the review of proportionality decisions.

Recent Cases

  • Re Z (Fatal Inflicted Injuries - Domestic Abuse - Failure to Protect) [2021] EWFC 92 - Damian and Katie Phillips represented the Mother against whom findings were sought as a possible perpetrator. Williams J did not place M in the pool of possible perpetrators, finding a failure to protect.
  • A County Council v L and Ors [2021] EWHC 48 (Fam) - Damian represented the child in fact-finding hearing before Newton J Findings were made in relation to serious inflicted injury and failure to protect.
  • Re 5 Children (Induced and Exaggerated Illnesses Pattern of Behavior) [2021] EWHC 3750 (Fam) (10 December 2021) - Damian and Katie Phillips represented a mother against whom serious and extensive findings were sought.  Following a 6-week fact-finding hearing, Williams J made findings of induced and exaggerated illness over many years.
  • A City Council v A Mother & A Father & Ors (Care Proceedings Radicalisation) [2019] EWHC 3076 (Fam) (27 June 2019) - Damian and Ruth Webber appeared for the Mother accused of radicalised behaviour (see interim hearing Re Q).  Knowles J made final orders for the children (who were returned to their parents after a contested interim hearing) to remain at home with the parents with a package of work and safeguards.
  • Damian Woodward-Carlton QC acted for the mother in Re Q (Child: Interim Care Order: Jurisdiction). Child approaching 17 - Effect of s 38(4) of the Children Act 1989. More information can be found here
  • H (A Child : Hair Strand Testing) [2017] EWFC 64 (29 September 2017)
  • The London Borough of Brent v D & Ors (Compliance with Guidelines on Judges Meeting Children) [2017] EWHC 2452 (Fam) (05 July 2017)
  • AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam)
  • D (Discharge of care order) [2016] EWFC B80 (23 September 2016)

Articles

  • Handle with Care’ - Article imminent in FLJ in relation to the recent case in which Damian appeared for the child in relation to the management and handling of cases involving intimate images.

Areas of Expertise

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Qualifications & Appointments

  • BSc (Psychology) – University of Durham (1986)
  • University of Durham Scholarships (1984 and 1985)
  • The Gabbet Prize for Psychology (1984)
  • MA (by thesis) – University of Durham (1988)
  • Diploma in Law – City University (1994)

Recent Publications

  • A radical challenge, Counsel Magazine December 2016
  • ‘The Adoption Debate’ – Counsel Magazine December 2017

Related News

Supreme Court Judgment re H-W

Supreme Court Judgment re H-W

Damian Woodward-Carlton QC, Sharan Bhachu and Katie Phillips appeared for the respondent Local Authority at Supreme Court level, in the matter of H-W.


Published: 15th Jun 2022

Heading AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam)

Heading AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam)

Tina Cook QC, Damian Woodward-Carlton and Fareha Choudhury appeared in this re-hearing of a fact finding. A mother found to have inflicted near-fatal injuries to the spine and skull of her infant son, successfully applied to re-hear the findings of fact. Newly-obtained medical evidence of the child’s spinal osteopenia led the Court to replace its


Published: 12th Jan 2017

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