Search Results for: Children Act 1989 1

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Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918

The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918

Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007

Judges: Forbes J Citations: [2007] EWHC 514 (Admin) Links: Bailii Statutes: Children (Leaving Care) Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003 Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they … Continue reading Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007

Re S (Minors)(Care Order: Appeal); Dyfed County Council v S, Re S (Discharge of Care Order): CA 6 Sep 1995

Discharge of care order is the appropriate procedure not an appeal after very long time. The court considered its approach in admitting new evidence on appeal in family law cases: ‘The willingness of the family jurisdiction to relax the ordinary rules of issue estoppel, and (at the appellate stage) the constraints of Ladd v Marshall … Continue reading Re S (Minors)(Care Order: Appeal); Dyfed County Council v S, Re S (Discharge of Care Order): CA 6 Sep 1995

Re MA and Others (Children): CA 31 Jul 2009

Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted. Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside. Citations: [2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 … Continue reading Re MA and Others (Children): CA 31 Jul 2009

A County Council v M and Another: FC 23 Apr 2021

Two applications: by a grandmother under section 10(9) Children Act 1989 for permission to apply for either a Special Guardianship Order or a Child Arrangements Order with respect to a child (H) who is seven months old; and an application by the local authority under the inherent jurisdiction for permission not to carry out any … Continue reading A County Council v M and Another: FC 23 Apr 2021

Re S and D (Child Care Powers of the Court ): CA 1995

The court considered the powers of the court in care proceedings where it did not approve the authority’s proposed care plan. The judge had made supervision orders in relation to both children coupled with an injunction restraining the mother from removing the children from the foster home in which the local authority had placed them. … Continue reading Re S and D (Child Care Powers of the Court ): CA 1995

In Re B (Minors) (Change of Surname): CA 1 Dec 1995

The mother sought to change the surname of the three children of the family from that of her divorced husband to that of the husband whom she had subsequently married. Her application for leave was refused by the circuit judge. She appealed. Held: The appeal failed. A change of children’s surname was refused despite clear … Continue reading In Re B (Minors) (Change of Surname): CA 1 Dec 1995

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Re D (Jurisdiction: Programme of Assessment or Therapy): CA 12 May 1999

The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an order following the guardian’s recommendation. Held: The order was for treatment not assessment and therefore outside the … Continue reading Re D (Jurisdiction: Programme of Assessment or Therapy): CA 12 May 1999

In re P (a Child) (Residence Order: A Child’s Welfare): CA 30 Apr 1999

The court considered an appeal against an order under section 91 to restrict further applications without the court’s prior consent. Judges: Butler-Sloss, Ward, Tuckey LJJ Citations: [1999] EWCA Civ 1323, [1999] 2 FLR 573, [2000] Fam 15 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – Doncaster Metropolitan Borough … Continue reading In re P (a Child) (Residence Order: A Child’s Welfare): CA 30 Apr 1999

Rochdale Metropolitan Borough Council v A: 1991

Ten children were taken into care amid allegations of ritual satanic sex abuse. Held: the allegations were not proved. All but four of the children were returned home. Injunctions were granted to protect the identify of the children and of the social workers involved. As to the actions of the social workers: ‘the local authority … Continue reading Rochdale Metropolitan Borough Council v A: 1991

Re J (A Child: Residential Assessment): FC 9 Apr 2021

Appeal by the local authority against the case management decision pursuant to s 38(6) of the Children Act 1989 it was he directed that the parents and the subject child should undergo a residential assessment at Symbol UK Judges: His Honour Judge Moradifar Citations: [2021] EWFC B18 Links: Bailii Jurisdiction: England and Wales Children Updated: … Continue reading Re J (A Child: Residential Assessment): FC 9 Apr 2021

S, Regina (on the Application of) v London Borough of Sutton: Admn 18 May 2007

Application for assistance in providing accomodation to allow early release from prison. Citations: [2007] EWHC 1196 (Admin), [2007] 2 FLR 849 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009 The House was asked whether when a child of 16 or … Continue reading S, Regina (on the Application of) v London Borough of Sutton: Admn 18 May 2007

In re G (A Child): CA 31 Jan 2006

The father appealed an order refusing direct contact, and that no further application should be made for five years. Citations: [2006] EWCA Civ 348 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 05 December 2022; Ref: scu.240089

Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999

A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs … Continue reading Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

In Re S (A Minor) (Change of Surname): CA 15 Dec 1998

When a child in care applied for leave to change his surname, the court should allow for the age of the child applying the Gillick competence test, and the views of a guardian ad litem, and scrutinise carefully the motives of someone who sought to oppose the application. Judges: Thorpe LJ, Mummery LJ Citations: Gazette … Continue reading In Re S (A Minor) (Change of Surname): CA 15 Dec 1998

Re KK (A Child); London Borough of Lambeth v TK: CA 21 Feb 2008

The court was asked when, an investigation by a local authority under the section having concluded that the person at issue was not a child, the court should consider the issue further. Judges: Lord Justice Wilson Citations: [2008] EWCA Civ 103 Links: Bailii Statutes: Children Act 1989 37 Jurisdiction: England and Wales Children Updated: 27 … Continue reading Re KK (A Child); London Borough of Lambeth v TK: CA 21 Feb 2008

T-T (Minors): CA 13 Nov 1998

The father sought leave to appeal an order refusing him access to his children, and order made under section 91 restricting further applications. The court welfare officer had been strongly against supervised contact because of the father’s inconsistent behaviour. The mother was utterly against and completely opposed to any form of direct contact. A psychiatrist … Continue reading T-T (Minors): CA 13 Nov 1998

In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008

The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

C (Children), Re (Residential Assessment): CA 4 Jul 2001

Citations: [2001] EWCA Civ 1305, [2001] 3 FCR 164, [2001] 3 FCR 164 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Cited by: Cited – Kent County Council v G and others HL 24-Nov-2005 A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended … Continue reading C (Children), Re (Residential Assessment): CA 4 Jul 2001

Regina v Norfolk County Council, ex parte M: QBD 1989

The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released by the police without charge. The local authority … Continue reading Regina v Norfolk County Council, ex parte M: QBD 1989

GO (Nigeria) v Secretary of State for the Home Department: CA 16 May 2007

Renewed application for permission to appeal after refusal of the Asylum and Immigration Tribunal’s decision on a reconsideration of the respondent’s decision to deport him following his conviction and sentence to three and a half years in prison for theft, handling stolen goods and obtaining property by deception. He came to this country in 1989, … Continue reading GO (Nigeria) v Secretary of State for the Home Department: CA 16 May 2007

In the Matter of B (Minors): CA 22 Jul 1998

The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed. Held: The appeal succeeded. Thorpe LJ said that counsel was correct to characterise the proposal ‘as essentially a programme of therapy for the … Continue reading In the Matter of B (Minors): CA 22 Jul 1998

A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001

Issue about the power of a local authority social services department to communicate to the education department of the authority and to school governors the conclusion which it has reached after enquiries under section 47 of the Children Act 1989 that a head teacher presents a risk of significant harm to children. Citations: [2001] EWCA … Continue reading A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had … Continue reading HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

In re DW (A Minor); CW v SG: FD 12 Apr 2013

The mother sought an order terminating the father’s parental responsibility. The father sought a specific issues order as to the provision of annual reports. Judges: Baker J Citations: [2013] EWHC 854 (Fam) Links: Bailii Statutes: Children Act 1989 84 Jurisdiction: England and Wales Children Updated: 17 November 2022; Ref: scu.472580

B and B v A County Council: CA 21 Nov 2006

The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006

ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of … Continue reading ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

Waple v Surrey County Council: CA 17 Dec 1997

The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but … Continue reading Waple v Surrey County Council: CA 17 Dec 1997

In Re C (A Minor) (Change of Name): CA 2 Feb 1998

A parent challenging a child’s lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed. Citations: Times 02-Feb-1998 Statutes: Children Act 1989 Jurisdiction: England and Wales Cited by: Cited – In Re T (A Minor)(Change of Surname) FD 8-Jul-1998 A child’s surname should … Continue reading In Re C (A Minor) (Change of Name): CA 2 Feb 1998

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

Regina v Sefton Metropolitan Borough Council ex parte Help the Aged ex parte Blanchard: CA 31 Jul 1997

Citations: [1997] EWCA Civ 2265, (1997) 1 CCLR 57, [1997] 4 All ER 532, [1997] 38 BMLR 135 Jurisdiction: England and Wales Citing: Appeal from – Regina v Sefton Borough Council ex parte Help the Aged Admn 26-Mar-1997 A Local Authority was entitled to look to its financial resources before setting the standards and levels … Continue reading Regina v Sefton Metropolitan Borough Council ex parte Help the Aged ex parte Blanchard: CA 31 Jul 1997

In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

B v B (Minor: Residence Order): CA 6 Jun 1997

The judge should consider the checklist of relevant matters in the statute in a residence application even though no complaint was made by the parties. The use of the checklist can assist a court in obtaining clarity in its reasoning. Thoough an appeal court should be slow to interfere in a judge’s decision where his … Continue reading B v B (Minor: Residence Order): CA 6 Jun 1997

Re M (Residential Assessment Directions): CA 1997

The mother was seen to be unstable with a history of self harm, and with a violent association. Two older children were in care, and despite psychiatric evidence that she was improving the authority resisted a suggestion that there be a residential assessment, wishing to proceed straight to a final care order. The mother appealed … Continue reading Re M (Residential Assessment Directions): CA 1997

H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003

The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not … Continue reading H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003

In re W (Children) (Direct Contact): CA 24 Jul 2012

The court took the opportunity to emphasise the importance of parental responsibility as an incident of family life. McFarlane LJ said: ‘Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and … Continue reading In re W (Children) (Direct Contact): CA 24 Jul 2012

Re C (A Child): CA 15 May 2007

The mother and child were released from hospital after the child’s birth. The mother claimed that she was subject to donmestic violence from the father and also that he had shaken the baby. The father was prosecuted and care proceedings instituted. The authority began care proceedings Citations: [2007] EWCA Civ 576 Links: Bailii Statutes: Children … Continue reading Re C (A Child): CA 15 May 2007

In re T (a Minor): CA 24 Oct 1996

C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996

In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. Citations: Times 22-Oct-1996, [1997] Fam 76, [1996] 2 FLR 725 Statutes: Children Act 1989 12 98 Jurisdiction: England and … Continue reading In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Re L (Psychologist – Duty To The Court): FD 20 Dec 2011

The court had made findings of non-accidental injury caused by the parents. A psychologist called in to assist the court was sympathetic to the parents invited the court to reconsider its findings of fact. Held: The expert had gone beyond her remit and also, on other elements outside her area of expertise. It would be … Continue reading Re L (Psychologist – Duty To The Court): FD 20 Dec 2011

MWA, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 21 Dec 2011

Application for judicial review of the decisions of Birmingham City Council, the second defendant, determining him to be over 18 years old on the material dates for the purposes of the Children Act 1989. Judges: Beatson J Citations: [2011] EWHC 3488 (Admin) Links: Bailii Immigration, Children Updated: 31 October 2022; Ref: scu.459738

W, F, C and D (Minors) (Name Changes Disclosing Gender Reassignment and Other Matters): QBD 12 Feb 2020

Children – gender reassignment – Deed Poll – name change – welfare considerations – parental consent to name change – child’s consent – ECHR – Gender Recognition Act 2004 – Human Rights Act 1998 – privacy – Children Act 1989 s.1 – procedure – Article 8 – Article 14 – specific issue order Citations: [2020] … Continue reading W, F, C and D (Minors) (Name Changes Disclosing Gender Reassignment and Other Matters): QBD 12 Feb 2020

A Local Authority v PD and others: FD 10 Aug 2005

Application by a number of newspapers in order to clarify the terms and effect of an injunction granted in the course of care proceedings under The Children Act 1989 relating to a six-year old child Judges: Sir Mark Potter, P Citations: [2005] EWHC 1832 (Fam), 1832.html Cite as: [2005] EWHC 1832 (Fam), Links: Bailii Jurisdiction: … Continue reading A Local Authority v PD and others: FD 10 Aug 2005