Ruth Henke KC > Chambers of David Berkley KC > London, England > Barrister Profile

Ruth Henke KC

Work Department

Family.

Position

Ruth Henke KC joined 3PB as a Door Tenant in 2016. She is an expert in the law relating to children and vulnerable adults. She regularly appears in the High Court and County Court in sensitive and complex Children Act proceedings (both public and private law) and in proceedings brought under the Inherent Jurisdiction. She appears in the Administrative Court in relation to education and the provision of services both to children in need and to vulnerable adults. Ruth has a significant Court of Protection practice.

Ruth acts for local authorities, LHBs, hospitals, parents and relatives, interveners, incapacitated adults, children and Guardians

Her notable cases include:

Care Cases: 

• Child death
• Shaken baby cases
• Ehrle’s Dahlos syndrome
• Salt poisoning
• Sexual abuse
• Alleged “paedophile” rings
• Historic abuse
• Chronic and gross neglect
• Children and adults with mental and physical disabilities

Inherent Jurisdiction: 

• Right to life
• Right to die
• Medical treatment cases
• Restricting publicity

Education cases: 

• School closure
• Statement of Special Educational Needs.
• School transport
• Abuse between teachers and pupils
• Children abusing each other

Vulnerable Adults: 

• Dispensing with the nearest relative
• Best interest decisions including residence and contact under the MCA Dols procedure
• Distinction between deprivation of liberty and restriction of freedom
• Care plans under the Community care legislation

Some notable recent cases 

• Re A (A child) 19/10/06 Lawtel
  Court of Appeal’s view on the role of International Social Services (now CFAB) in care cases with a foreign element.
• Re A (a Child) 2009 EWHC 865 Case concerning S38(6) CA 1989
• Re AJ (child) [2007] EWCA Civ 55
  Case involving the distinction between Special Guardianship orders and Adoption orders
• Re AS (A Child) [2014] EWHC 606 (Fam)
• Re B (2008) EWCA Civ 835, 2 FLR 1404
  A case concerning the role of the Adoption panel.
• Re G (A Child) [2014] EWCA Civ 432
  A case concerning an application for party status and leave to oppose the adoption of an unrelated child placed for adoption.
• Re L (2002) 2 FLR 730
  Care assessment – fair trial rights of children and parents.
• Re M (Children) [2013] EWCA Civ 1170
  A case concerning the jurisdiction of the Court of Appeal when considering an appeal against a finding of fact made/not made in care proceedings where the final order made was not the subject of appeal.
• Re MW (case management) (2010) 1 FLR 1093
  The case involved the use of the overriding objective to limit issues in care case in which a child’s death formed part of the background.
• Re P-S (Children) [2013] EWCA Civ 223
  The case argued whether a competent child has the right to give evidence in relation to welfare issues concerning himself.
• Re W (a child) [2014] EW Misc (CC).

Career

Called 1987; Silk 2006.

Memberships

• Member of the Welsh Advisory Panel to the Law Commission
• Member of the Panel of Council for the National Assembly for Wales
• Family Law Bar Association

Education

MA (Oxon) Juris