Carly Henley
Barrister
Carly is a specialist Family practitioner whose practice focuses on Public
Law Children Act work.
Carly sits as a Family Recorder in Private Law and Public Law Children Act cases.
Carly undertakes complex cases involving all forms of child abuse including
serious non-accidental injury, sexual abuse and Abnormal Illness behaviour,
along with cases involving Child Abduction. She receives a broad range of
instructions, acting for parents and family members, on behalf of children and
Guardians and acts regularly for a number of local authorities. She has also been
instructed on behalf of the General Medical Council and CAFCASS Legal.
In 2013 Carly was appointed to sit as an Assistant Coroner in North
Northumberland. In 2015 she was appointed to sit as an Assistant Coroner in
Newcastle Upon Tyne.
Year Of Call:
2003
Practice Areas
Court of Protection
and Mental Health
As a consequence of her Coronial work, Carly has particular expertise in cases
involving fatal and near fatal injuries to children and adults. She has a particular
interest in those cases involving complex medical evidence. She regularly
appears in cases which require her to call and/or cross-examine medical
witnesses and experts, including pathologists, paediatricians and radiologists.
Family
Carly has appeared in a number of Court of Appeal cases. She was junior counsel
on behalf of the Appellant in Re H-L [2013] EWCA Civ 655, the leading authority
on instructing experts in Children Act cases pursuant to Part 25 FPR 2010.
Regulatory
Carly has appeared in a number of high profile cases in recent years, attracting a
substantial amount of local and national media interest. She has appeared in a
number of reported cases involving Reporting Restrictions Orders, including in
the Court of Appeal.
Public and Private
Law Children
Directory
Recommendations:
Carly undertakes work in the Court of Protection on behalf of local authorities,
Primary Care Trusts, family members and vulnerable adults through the Official
Solicitor. She accepts instructions to advise on related mental health issues,
including Deprivation of Liberty.
Carly appears as an advocate at inquests and regularly receives instructions to
advise and represent local authorities and other agencies in respect of Article 2
inquests. She has particular expertise in inquests involving children and babies
who have died, including cases in which Serious Case Reviews are held.
In addition, Carly is an Accredited Advocacy Trainer for the North East Circuit and
an Approved Pupil Supervisor.
[email protected]
[email protected]
“Highly intelligent and
competent”
LEGAL 500 2015
Notable Cases
Appointments:
Cumbria County Council v M & Ors [2016] EWFC 27 (06 May 2016)
Appeared as Junior Counsel on behalf of the child in respect of an application
brought by the Children’s Guardian under the Inherent Jurisdiction involving
a case in which the Father had been found to have killed the child’s younger
sibling. Following the fact finding hearing, it transpired that the Police had failed
to disclose a piece of evidence which had the potential to require the Court to
revisit its decision. Issues of publicity also considered arising from this and the
earlier judgment.
Family Recorder to sit in
Private and Public Law
cases on the Northern
Circuit, appointed 2015
H-L (A Child), Re [2013] EWCA Civ 655 (13 June 2013) (Court of Appeal) Munby P,
McFarlane LJ, Treacy LJ:
Appeared as Junior Counsel for the Appellant in an appeal by the mother in care
proceedings against the refusal to permit her to instruct three expert medical
witnesses. Appeal allowed and guidance given by the President concerning the
test for permitting expert evidence to be adduced under r 25.1 of FPR 2010.
P (A Child) [2014] EWCA Civ 1648 (18 December 2014) (Court of Appeal) MooreBick V-P, King LJ, Tomlinson LJ:
Appeared as Junior Counsel for the Respondent local authority in the Father’s
appeal against care and placement orders determining whether the accepted
inadequacies of the judgment at first instance were such that, notwithstanding
the advantage the trial judge had of hearing evidence, the appeal should be
allowed. Appeal dismissed.
Re W [2015] (Court of Appeal) McFarlane LJ, Macur LJ, King LJ:
Appeared as Junior Counsel on behalf of the Appellant. Appeal of Mr Justice
Jackson’s order in respect of publicity concerning a fact finding hearing,
brought by the Children’s Guardian. This was heard as a matter of urgency on 23
November 2015. The appeal was allowed to the extent that the Court of Appeal
required certain further redactions to be made to the 2014 judgment. These were
duly made and the resulting document was published on 25 November: [2014]
EWHC 4886 (Fam) http://www.bailii.org/ew/cases/EWHC/Fam/2014/4886.html.
The Court of Appeal’s reasons are awaited.
Re S [2015] (Court of Appeal) Black LJ, Gloucester LJ, Vos LJ:
Appeared as Junior Counsel on behalf of the Appellant Father who appealed
Care Orders and serious findings of sexual abuse. Concerns children giving
evidence in Children Act cases. The Court of Appeal’s decision is awaited.
Cumbria County Council v M and F (Fact-Finding No. 1 : Unedited) [2014] EWHC
4886 (Fam) (28 March 2014) Mr Justice Peter Jackson:
Appeared as Junior Counsel for the children in the fact finding hearing which
concerned the death of Poppi Worthington.
[email protected]
[email protected]
Assistant Coroner for Newcastle
upon Tyne, appointed 2015
Assistant Coroner for
North Northumberland,
appointed 2013
Accredited Advocacy Trainer
for the North East Circuit
Approved Pupil Supervisor
Professional
Qualifications
Nottingham Law School
Bar Vocational Course
(2002/2003) - Very Competent
The University of Liverpool LLB
Law (1999-2003) 2:1
King James’ School,
Knaresborough
Hardwick Entrance Award
– Lincolns Inn
Lord Wolfson Scholarship
– Lincolns Inn
Lord Denning Scholarship
– Lincoln’s Inn
Continued. . .
Memberships
Cumbria CC v M & F & Children [2014] Mr Justice Peter Jackson:
Appeared on behalf of the children in respect of a publicity ruling on 28 July
2014, who granted a request made by the media for its lawyers to be provided
with a copy of the fact-finding judgment in respect of the death of Poppi
Worthington: [2014] EWHC 2596 (Fam) http://www.bailii.org/ew/cases/EWHC/
Fam/2014/2596.html. See public statement https://www.judiciary.gov.uk/
publications/family-court-public-statement-poppi-worthington/
Family Law Bar Association
Cumbria CC v M & F & Children [2015] Mr Justice Peter Jackson:
Appeared on behalf of the children. January 2015 Jackson J published a
redacted note of the reasons given for the reporting restriction order in July 2014
in respect of the case concerning Poppi Worthington: [2014] EWHC 4486: http://
www.bailii.org/ew/cases/EWHC/Fam/2014/4486.html
Denning Society, Lincoln’s Inn
Cumbria CC v M & F & Children [2015] Mr Justice Peter Jackson:
Appeared on behalf of the children in respect of an application to re open a fact
finding hearing in respect of the death of Poppi Worthington. At the hearing on
30 March, the father notified his intention to seek a reopening of the fact-finding
decision, and a date was fixed for 23 April for the application to be considered.
Jackson J declined to publish the 2014 judgment in the meantime: [2015] EWHC
918 (Fam) http://www.bailii.org/ew/cases/EWHC/Fam/2015/918.html
F v Cumbria CC & M & Children [2015] Mr Justice Peter Jackson:
Appeared on behalf of children in respect of an application to re open a fact
finding hearing in respect of the death of Poppi Worthington. On 23 April 2015,
Jackson J granted the father’s application for a further hearing: [2015] EWFC 35
http://www.bailii.org/ew/cases/EWFC/HCJ/2015/35.html.
F v Cumbria County Council and M (Fact-Finding No. 2). [2016] EWHC 14 (Fam)
(19 January 2016) Mr Justice Peter Jackson:
Appeared on behalf of the children in a further hearing to explore the causation
of Poppi Worthington’s injuries, found post mortem.
Re M [2016] Mr Justice Hayden:
Appeared as Junior Counsel on behalf of the Father in a shaken baby case. Very
complex medical evidence and consideration of whether the child’s injuries
had an organic explanation as a consequence of the condition BESS. Published
judgment to follow.
Re M [2016] Mr Justice Peter Jackson:
Appeared on behalf of a transgender child. Issues in respect of care, contact and
hormone treatment.
[email protected]
[email protected]
North Eastern Circuit
Member of the Honourable
Society of Lincoln’s Inn
The Medico-Legal Society
for England and Wales
Member of the Circuit Executive
for the North Eastern Circuit
Member of the Association
of Women Judges
Member of the Northern
Coroners Society
Member of the Coroners Society
for England and Wales