Practice Overview
Having established an exceptionally strong junior practice, Ruth took silk in 2006. She is described as bright, approachable and tenacious. Ruth 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. She acts for local authorities, LHBs, hospitals, parents and relatives, interveners, incapacitated adults, children and Guardians.
Typical Cases
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
Recommendations
Ruth Henke QC handles complicated children work. Sources describe her as “excellent and very bright” and praise her ability in the most complicated cases ( Chambers UK 2012)
Ruth Henke specialises in children work and was described by one as “complete dynamite” as well as “tenacious in court and sympathetic with clients” ( Chambers UK 2011)
“With her on the other side you’ll have your work cut out…..an advocate known for her willingness to stand up and fight” (Chambers UK 2010)
'Ruth Henke is “astute, sensitive and stands her ground in difficult children’s work” (Legal 500 2010)
Appointments
- Treasurer, Wales and Chester Circuit
- Head of the Family Team ( 2011)
- Head of the Public Law Team ( 2006)
- Queen’s Counsel 2006
- Member of the Panel of Council for the National Assembly for Wales
Memberships
- Family Law Bar Association
Education
Notable and Reported Cases
Re MW ( case management) (2010) 1 FLR 1093. The use of the overriding objective to limit issues in care case in which a child’s death formed part of the background.
Re A ( a Child) 2009 EWHC 865 Case concerning S38(6) CA 1989
Re B (2008) EWCA Civ 835 , 2 FLR 1404 case concerning the role of the Adoption panel
Re AJ (child) [2007} EWCA Civ 55 distinction between Special Guardianship orders and Adoption orders.
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 L (2002) 2 FLR 730 Care assessment- fair trial- rights of children and parents.