Benjamin Jenkins

Ben is a child law specialist and is frequently instructed in the most serious of public law matters. He has a particular focus on cases involving allegations of serious non-accidental injury. He acts for local authorities, parents, Children’s Guardians and Intervenors and has appeared in the High Court and Court of Appeal. He has appeared in a number of cases involving allegations of infant head injuries (allegations of impact and/or shake) and cases involving allegations of inter-familial and inter-generational sexual abuse. He is repeatedly instructed in cases concerning the causation of fractures in infants and has also appeared in cases concerning bite injuries requiring the evidence of a forensic odontologist.

Reported Cases:

Family Court:

• Gloucestershire County Council v A Mother and Ors (discharge of care order) [2017] EWFC B47 (27 July 2017): Appeared for the mother in proceedings attracting significant media attention as the local authority had wrongfully removed the child from mother’s care whilst placed at home under a care order. Child returned immediately.
• C (interim judgment on expert evidence) [2018] EWFC B9 (24 January 2018): Representing the father in proceedings where the local authority pursued a care plan for adoption based on expert evidence. That evidence was found to be flawed (see paragraphs 23 and 31).

High Court:

• Re An Application by Gloucestershire County Council for the Committal to Prison of MJN [2014] EWHC 3136 (Fam) and Number 2 [2014] EWHC 3399 (Fam): Representing the local authority in committal proceedings (heard by the President of the FD Munby J).
• Re AO (Care Proceedings) [2016] EWFC 36: Appeared on behalf of the children’s guardian in care proceedings where the Hungarian parents relinquished AO for adoption. Competing cases for adoption in this jurisdiction or Hungary (heard by Baker J).
• Gloucestershire County Council v JD & Ors [2018] EWHC 3553 (Fam) (07 December 2018): Representing the mother (with leading counsel) in a rehearing of a fact find involving multiple injuries to an infant (brain injuries and fractures) (heard by Williams J).

Court of Appeal:

• Re P & P (Children) [2009] EWCA Civ 610; [2009] 2 FLR 1370: Representing the father in this appeal concerning the instruction of experts.
• L & R (Children) [2010] EWHC 304 (fam): Representing the father (with leading counsel) in a complex fact find with significant cultural issues. Subsequently the subject of an unsuccessful appeal by the children’s guardian in L and R [2011] EWCA Civ 1034.
• S-F (A Child) [2017] EWCA Civ 964: representing the father in the local authority’s unsuccessful appeal against the judge’s approval of long-term foster care over the making of a placement order. Parents continued to have contact with the child.
• B (A Child) [2018] EWCA Civ 2127: Representing the children’s guardian in an appeal brought on behalf of the mother against findings of fact (multiple fractures).

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Clerks:
Michael Harding
E:michael.harding@albionchambers.co.uk
T: 0117 311 0302

Julie Hathway
E:julie.hathway@albionchambers.co.uk
T: 0117 311 0305

Marcus Harding
E: marcus.harding@albionchambers.co.uk
T: 0117 311 0314