In the Matter of Children Act 1989 Re: B-W (Children): CA 27 Jul 1999
Citations: [1999] EWCA Civ 1980 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 31 May 2022; Ref: scu.146895
Citations: [1999] EWCA Civ 1980 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 31 May 2022; Ref: scu.146895
Citations: [2018] EWHC 936 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children, Human Rights Updated: 13 April 2022; Ref: scu.609105
Guidance was given on expert medical evidence in children cases and administrative procedures. Citations: Ind Summary 23-Jan-1995 Statutes: Children Act 1989 Children Updated: 09 April 2022; Ref: scu.85744
No legal definition of ‘exceptional circumstances’, bill draftsmen to give full explanation. Citations: Times 21-Oct-1994 Children Updated: 08 April 2022; Ref: scu.82236
The Guardian ad litem is the ideal person to collate expert evidence in readiness for the hearing. Citations: Times 07-Dec-1994 Statutes: Children Act 1989 Children Updated: 08 April 2022; Ref: scu.81789
[2015] EWFC B149 Bailii Children Act 1989 20 Children Updated: 04 January 2022; Ref: scu.552434
Appeal from settlement of property order made in favour of two of the parties’ children. Lady Justice King, Lord Justice Moylan, And, Lord Justice Newey [2021] EWCA Civ 1947 Bailii, Judiciary Children Act 1989 England and Wales Child Support Updated: 28 December 2021; Ref: scu.670641
Appeal by the mother against orders made in private law proceedings in relation to her daughter, A, who is rising 7 years of age. Lady Justice King [2021] EWCA Civ 1749 Bailii England and Wales Children Updated: 17 December 2021; Ref: scu.670058
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Care proceedings . .
References: [2015] EWFC B149 Links: Bailii Statutes: Children Act 1989 20 Last Update: 05-Oct-15 Ref: 552434
Judges: Henley Rec Citations: [2016] EWFC B27 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.563136
Applications for care orders in relation to seven children. Judges: Harris HHJ Citations: [2014] EWFC B147 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.540378
Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003
The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision. Held: The statutes were unclear, but the result was that … Continue reading Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005
‘Mrs S is the maternal aunt of three children E, born in 1992; S, born in 1993 and T born in 1997 to her sister, who sadly has a history of mental illness. The only issue that I have to review this morning is the management of an application which she made for leave to … Continue reading Re G (Children): CA 14 Sep 2001
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004
Judges: Mostyn J Citations: [2015] EWHC 2616 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Child Support Updated: 28 June 2022; Ref: scu.558980
Application is by a Local Authority for a secure accommodation order, whether that be under Section 25 of the Children Act 1989 or else under the inherent jurisdiction of the High Court. Judges: Bodey J Citations: [2015] EWHC 3010 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 28 June 2022; … Continue reading A Local Authority v S: FD 15 Oct 2015
Where a minor is accommodated voluntarily under Section 20 of the Children Act 1989, is the court prevented by Section 100 of the same Act from making the child a ward of court? Judges: Lord Justice Thorpe Citations: [2012] EWCA Civ 1773 Links: Bailii Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.470113
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and business. Judges: Peter Gibson LJ, May LJ Citations: [2002] EWCA Civ 569 Links: Bailii Statutes: Children Act 1989 … Continue reading Bowden and Another v Lancashire County Council: CA 16 Apr 2002
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
An application was made for continued contact after a proposed adoption. The mother was young and had herself lost her family and taken into care when very young. Held: Her request for permission to appeal failed. Wall LJ ‘I am reasonably confident that in this particular case both sides understand the other’s position. When one … Continue reading In re R (A Child): CA 18 Aug 2005
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
Guidance on the incorporation of time for judgment writing when determining the timetable, under section 32 of the Children Act 1989, for the disposal of an application for a care or supervision order. Judges: Aikens, McFarlane, Bean LJJ Citations: [2015] EWCA Civ 606, [2016] 1 WLR 14, [2015] WLR(D) 264, [2015] Fam Law 1054 Links: … Continue reading In re T (Children): CA 18 Jun 2015
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
Appeal against a decision of the High Court that a fact-finding judgment in proceedings under the Children Act 1989 should be published with the names of the father and the mother included, and only relatively modest redactions, primarily aimed at mitigating the impact of publication on the couple’s infant child. The appellant is the father, … Continue reading Griffiths v Tickle and Others: CA 10 Dec 2021
The child was placed for adoption. In the period before adoption, contact with her family continued. The prospective adopters said that this was unsettling. Held: It would be unusual to make an order for contact against the wishes of the proposed adopters. Their wishes were not unreasonable, and the order reducing contact was upheld. Judges: … Continue reading In re R (a Child) (Adoption: Contact): CA 18 Aug 2005
Judges: King, Lindblom, Peter Jackson LJJ Citations: [2019] EWCA Civ 575, [2019] WLR(D) 208 Links: Bailii, WLRD Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 14 June 2022; Ref: scu.635638
Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for … Continue reading Re I and E (Residential Assessment Order): CA 1997
The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother appealed. Held: The appeal was allowed. When considering such an application for leave to make an application … Continue reading In re H (Children): CA 2003
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004
The court considered an application for an order for parental rights under the 1967 Act. Held: Ward J said: ‘Can this (father) show that he is the father of the child, not in the biological sense but in the sense that he has established or is likely to establish such a real family tie with … Continue reading D v Hereford and Worcester County Council: FD 1991
A five week old baby had been brought into hospital with cranial pressure. At first signs of injury were not seen. It was concluded that the child may have been shaken, and the child protection procedures began. No criminal proceedings were to take place, and no interim care order had been necessary. The local authority … Continue reading A Local Authority v A and D: FD 5 Dec 2001
Citations: [1999] 2 FLR 573 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C) FD 4-Feb-2004 After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate … Continue reading Re P (Section 91(14) Guidelines): CA 1999
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
A child staying at home was not ‘accomodated’. The appropriate Local Authority was to be chosen by the normal rules. Citations: Gazette 19-Feb-1997 Statutes: Children Act 1989 23 Jurisdiction: England and Wales Children Updated: 10 June 2022; Ref: scu.81798
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997
A complaint against a Local Authority for failing in its duty to a child was to be pursued under the procedure. Citations: Times 19-Feb-1997 Statutes: Children Act 1989 26 Jurisdiction: England and Wales Children Updated: 10 June 2022; Ref: scu.86136
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The parties to the marriage owned a property which they had extended. The relationship deteriorated, and the mother sought an order under the 1996 Act. The mother left the home, and the father cared for the children. He sought orders under the 1989 Act for the transfer of the property. Those proceedings were made subject … Continue reading White v White: CA 19 May 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with insufficient direct knowledge of the issues and people involved. Judges: Lord Justice … Continue reading A Health Authority v Dr X and Others: CA 21 Dec 2001
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
The council had a policy under which the financial assistance it gave to short term foster carers who were relatives of the children involved was rather less than would be given to non-family carers. The policy was challenged as unreasonable. Held: The policy which imposed arbitrary financial limits was unreasonable, and would inevitably conflict with … Continue reading Regina (L and Others) v Manchester City Council, Regina (R and Another) v Same: QBD 28 Sep 2001
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to emergency care order concerning J.; No violation of Art. 8 with regard to emergency care order concerning M.; No violation of Art. 8 with regard to normal care orders; Violation of Art. 8 with regard to failure to take steps to reunite … Continue reading K And T v Finland: ECHR 12 Jul 2001
Wall LJ said that section 8 was not to be used by courts to take authority over when a child was to be informed as to the identity of his father. Judges: Wall LJ Citations: Times 01-Jun-2006, [2007] Fam 1 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Cited by: Cited – In re … Continue reading J v C: CA 1 Jun 2006
ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another … Continue reading Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
A seven month old child had been injured, but it was not possible to establish whether this had taken place whilst with her parents or with a child minder. The Council brought care proceedings also for the minder’s own child B. Held: Even though the parents could not be held responsible, the threshold conditions which … Continue reading Lancashire County Council and Another v B and Others; Lancashire County Council v A: HL 16 Mar 2000
The duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family. As to the decision in Horvath, the system must provide for … Continue reading Banomova v Secretary of State for Home Department: CA 25 May 2001
The court was asked, in proceedings for care and supervision orders under the Act, what have the local authority to be in a position to prove at the time when they make the application? To what extent can they rely upon evidence, which emerges, or events, which take place between the date of the application … Continue reading G (Children): CA 22 Jun 2001
There is no jurisdiction in wardship over a child not habitually resident in England. A child born in England of and English mother and Dubai father had gone to live with his mother in Dubai at the invitation of the father, but had there retained the boy against the mother’s will. The mother obtained certain … Continue reading Al Habtoor v Fotheringham: CA 15 Feb 2001
The child was cared for by the maternal grandmother. The court was asked to make orders with regard to the extent of contact for natural mother, and father. Held: In private Children Act proceedings it was generally inappropriate for the judge to order an investigation under s 37, which is a public law procedure. Cases … Continue reading In Re L (A Minor) (Section 37 Direction): CA 5 Feb 1999
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which … Continue reading Bryant v Housing Corporation: CA 21 May 1998
The state must act in a manner calculated to allow those concerned to lead a normal family life. Citations: (1986) 49 DR 67 Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; … Continue reading Z and E v Austria: ECHR 1986
Residence order conditions wrong to stop mother living with whom she wanted. Citations: Times 11-Apr-1996 Statutes: Children Act 1989 11(1) Jurisdiction: England and Wales Children Updated: 29 May 2022; Ref: scu.81833
Statements made during course of conciliation were confidential. Citations: Independent 11-Mar-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 29 May 2022; Ref: scu.86496
A confession to a guardian ad litem in care proceedings is confidential to those proceedings. Citations: Times 08-Feb-1995, Independent 03-Feb-1995 Statutes: Children Act 1989 98 Jurisdiction: England and Wales Legal Professions, Children Updated: 29 May 2022; Ref: scu.84512
The court considered the consequences of mis-disclosure in ancillary relief proceedings. Thorpe J said: ‘Conduct is only relevant in so far as the wife relies upon the manner in which the husband has conducted these proceedings. Ordinarily speaking, it seems to me that the manner in which proceedings are misconducted is to be reflected in … Continue reading M v M: 1995
The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them. Held: The structure the section is general, and point very clearly to … Continue reading A v The London Borough of Lambeth: Admn 25 May 2001
A local authoity’s failure to fulfil its obligations may be the subject of a mandatory order in approriate cases. The Court ordered a local authority to carry out a full assessment of a child’s needs in accordance with the guidance given by the Secretary of State in ‘Framework for the Assessment of Children in Need … Continue reading Regina (on the Application of AB and SB) v Nottingham City Council: Admn 30 Mar 2001
Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989. Judges: Tucker J Citations: [1999] EWHC Admin 711 Links: Bailii Statutes: Children Act 1989 20 Housing, Local Government, Children Updated: … Continue reading Application for Permission; Bibi: Admn 20 Jul 1999
Continuing duties of local authrity to children who have been in care on attaining majority. Citations: (1999) 3 CCLR 38, [1999] EWHC Admin 464 Links: Bailii Statutes: Children Act 1989 24 Cited by: Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001 The words ‘within their area’ in the section had … Continue reading Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999
Citations: [1997] EWHC Admin 997 Statutes: Children Act 1989 109 Jurisdiction: England and Wales Local Government, Licensing Updated: 26 May 2022; Ref: scu.137942
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. Citations: Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6 Links: Bailii Statutes: … Continue reading Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997
Judges: Sedley J Citations: [1997] EWHC Admin 393, [1998] Env LR 111 Links: Bailii Jurisdiction: England and Wales Citing: Disputed – Regina v Canterbury Council ex parte Springimage Limited 1993 The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The … Continue reading Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997
A contact order had been properly granted with an order freeing the child for adoption. Butler-Sloss LJ: ‘The effect of an order freeing a child for adoption is to extinguish parental responsibility of those previously endowed with it and thus to bring to an end the relationship between the child and his natural family (see … Continue reading In Re A (A Minor) (Adoption: Contact Order): CA 24 Jun 1993
Lawyers should warn their clients of the wide range of the court’s powers in care cases. Orders can be made under other sections even though the application is under only one section. The court is not limited to the application presented, but has power to make the orders it saw to align with its first … Continue reading Re S-W: FD 1 Mar 1993
Section 17(1) imposes an obligation in respect of the needs of an individual child. Judges: Kay J Citations: (1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294 Links: Bailii Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded. Held: The father’s appeal succeeded. When considering changing a child’s name by means of a specific issue order, … Continue reading Dawson v Wearmouth: HL 4 Feb 1999
The mother applied for but was refused, a residence order. The judge had questioned the need for an order, feeling that section 1(5) raised a presumption against making an order. Held: The appeal succeeded. There was no such presumption. The section asked the court only to ask itself whether an order would be better for … Continue reading In re G (Children) (Residence: Making of order): CA 27 Jul 2005
Application for a secure accommodation order pursuant to section 25 of the Children Act 1989. Citations: [2014] EWFC B90 Links: Bailii Jurisdiction: England and Wales Children Updated: 20 May 2022; Ref: scu.535572
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet … Continue reading Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997
When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence … Continue reading Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001
The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused. … Continue reading E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999
Justices were wrong to make an order without allowing an opportunity for the parties before the court to make representations on the point. Citations: Gazette 29-Apr-1992 Statutes: Children Act 1989 8(1) Children Updated: 19 May 2022; Ref: scu.79697
Justices cannot make a three month secure accommodation order after an earlier one month interim order. The total order must not exceed three months. Citations: Times 24-May-1994, Ind Summary 20-Jun-1994 Statutes: Children Act 1989 25 Jurisdiction: England and Wales Children, Magistrates Updated: 19 May 2022; Ref: scu.78797
The local authority applied for a care order in respect of a young baby. The mother was only 15 and was a ‘child’ herself. Held: In an application under 34(4) the interests of the child who is the subject of the application are paramount, and precede those of the mother, even if she herself is … Continue reading Birmingham City Council v H (A Minor) and Others: HL 16 Dec 1993
The court rejected an argument that ‘likely to suffer significant harm’ in the subsection was to be equated with ‘on the balance of probabilities’. Citations: [1993] 1 FLR 28 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England and Wales Cited by: Applied – In re A (A Minor) (Care Proceedings) FD 2-Jan-1993 It was again argued … Continue reading Newham London Borough Council v Attorney-General: CA 1993
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The grandparents of E who had obtained a special guardianship order to take care of their grand-daughter, whose parents were addicted to drugs, appealed an order refusing them permission to change her surname to theirs. Held: The decision was not inconsistent with the grant of the order giving them parental responsibility. The court retained its … Continue reading In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007
The court allowed a limited period of ‘planned and purposeful delay’ before making a care order. Ward J: ‘We have heard much, as we have prepared for the implementation of the Children Act 1989, about partnership. One of those partnerships is the very important one between the court and the local authority, where the part … Continue reading C v Solihull Metropolitan Borough Council: FD 1993
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a … Continue reading Berkshire County Council v C and others: QBD 1993
In the absence of section 12 it would be contempt to disclose matter before a children’s court to the General Medical Council. Judges: Cazalet J Citations: [1997] 1 FLR 574 Statutes: Children Act 1989 12 Cited by: Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A … Continue reading A County Council v W and others (Disclosure): FD 1997
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the IRA had threatened that they would all be killed unless they left Northern Ireland within 72 … Continue reading Regina v London Borough of Hammersmith, ex parte P: QBD 1989