Jennifer Kotilaine > Chambers of David Berkley KC > Oxford, England > Barrister Profile

Jennifer Kotilaine

Work Department

Family

Position

Jennifer joined 3PB in 2016 having established a successful Family and Court of Protection practice at a leading common law chambers. She continues to develop her practice, undertaking work primarily in the law relating to children and vulnerable adults.

She works principally in the field of public family law, representing parents, children and local authorities in complex care proceedings. She has experience of representing parents and children with mental health issues and learning difficulties. Her public law cases have covered areas such as neglect, sexual abuse, non-accidental injury, factitious illness, life limiting conditions and modern slavery.

Many of her public law proceedings include an international dimension.

Jennifer is also often instructed in private family matters. She has regular instructions in matters of international family law, including applications to remove children permanently from jurisdiction and also child abduction proceedings in the High Court.

She has developed a particular expertise in Special Guardianship Orders and recently led herself in the Court of Appeal: Re M (Special Guardianship Order: Leave To Apply To Discharge) [2021] EWCA Civ 442. This case has already been cited by the Court of Appeal in several other of its decisions relating to SGOs.

Jennifer has written several articles on developments in public law and advised the policy unit of a local authority on safeguarding issues arising from a child sexual exploitation scandal, including preparing for a Serious Case Review and a ‘stocktake’ review by central government of child sexual abuse. This was a two-year project which she undertook whilst also practicing at the Bar.

Family 

Jennifer works principally in the field of public family law, representing parents, children and local authorities in complex care proceedings. She has experience of representing parents and children with mental health issues and learning difficulties. Her public law cases have covered areas such as neglect, domestic violence, substance abuse, sexual abuse, non-accidental injury, female genital mutilation, factitious illness and children with life limiting conditions.

Many of her public law proceedings include an international dimension.  She also routinely advises local authorities on their duties to unaccompanied asylum seeking and refugee children.

Jennifer is often instructed in private family matters, some of which have included honour based violence and modern slavery. She has regular instructions in matters of international family law, including applications to remove children permanently from the jurisdiction, internal relocation, and child abduction proceedings in the High Court.

She also accepts instructions on Family Law Act matters.

Mediation

Jennifer is a family mediator (Resolution).

Articles 

Talk about a Revolution: The Internet and Children Proceedings, Family Law Week 17.08.17
‘Archer v Titchener: What would a Family Court Decide?’ Family Law Week, 21.09.16
‘Duties of Local Authorities to Unaccompanied Migrant Children,’ Family Law Week, 01.09.16
‘Swings and Roundabouts’, NLJ 2015 13 Nov 2015
‘Reviewing Findings of Fact in Care Proceedings’, Family Law Week, 28.07.14
‘There’s No Place Like Home’, NLJ 11 Jul 2014
‘Children and Families Act 2014: A Guide for Public Children Lawyers’, Family Law Week, 17.04.14

Reported Cases 

• Great Ormond Street Hospital v A Local Authority & Ors 2022 EWHC 2596 Fam: End of life treatment for dying child who is already subject to care proceedings
• Re M (Special Guardianship Order: Leave to Apply to Discharge) [2021] EWCA Civ 442

This case clarifies the test to be used when applying for leave to discharge a Special Guardianship Order. There are two stages to this test. First, there must be a significant change of circumstances. If this test is met, then the the court must evaluate the prospects of success  of the application in the context of the effect on the child’s welfare of the application being heard or not heard. However the child’s welfare is not the paramount consideration. The degree of any change in circumstances is likely to linked to prospects of success. The greater the prospects of success, the more likely it is that leave will be granted.

• Re T (Early permanence or kinship carers) [2017] EWFC B43
• WSCC v H & Ors (Children) (Care proceedings: Brain Injury), Re [2015] EWHC 2439 (Fam) (led by Gemma Taylor)

Court of Protection 

Jennifer practices in the Court of Protection on Healthcare and Welfare matters up to the High Court. She represents local authorities and P, through their litigation friend, and other family members.

Her cases have related to capacity, deprivation of liberty, and welfare (including residence and contact). Given her background in public law children, she has a particular expertise on transitional arrangements for 16-18 year olds, many of whom have been subject to care proceedings and are accommodated in local authority care.

She was recently involved in an end of life treatment case in the context of care proceedings: GOSH v A Local Authority & Ors [2022] EWHC 2596

Jennifer also advises local authorities on the question of ordinary residence for the purpose of assigning responsibility for the care of vulnerable adults and has published on this topic.

She was a member of the Court of Protection ad hoc rules committee and provided training on changes to the rules to local authorities and other solicitors.

 

Career

Year of call 2011

Memberships

• Associate Lecturer in Law at Oxford Brookes University
• Family Mediator (Resolution)
• Chair of Oxfordshire Family Justice Board
• FLBA
• ALC
• Resolution (Associate Member)
• Inner Temple

Education

• BA/BMus (High Honors), Oberlin College & Conservatory, USA
• PhD in Music, Harvard University USA
• MA (Jurisprudence), University of Oxford
• BVC (Very Competent), City Law School