Care proceedings Judges: Floyd, King , Moylan LJJ Citations: [2019] EWCA Civ 1714, [2019] WLR(D) 566 Links: Bailii, WLRD Jurisdiction: England and Wales Children Updated: 31 August 2022; Ref: scu.642662
The mother applied for financial provision for her daughter. The father said the court did not have jurisdiction to make an order. An agreement had been reached between them under French law acknowledging F’s paternity and otherwise. Judges: Sir Nicholas wall P Citations: [2010] EWHC 1453 (Fam), [2011] 1 FLR 109, [2010] Fam Law 923 … Continue reading M v V: FD 23 Jun 2010
Contact order pending adoption was a final order not variable as continuing. Citations: Times 15-Feb-1995 Statutes: Children Act 1989 8(3) Jurisdiction: England and Wales Children Updated: 09 December 2022; Ref: scu.81799
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
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 three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued that they had provided accommodation under section 17 rather than section 20 of the 1989 Act. Held: Once the section 20 … Continue reading H and others v London Borough of Wandsworth and others: Admn 23 Apr 2007
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel. Held: As she had previously been looked after by the local authority for some time, this would be sufficient for her to become a relevant child under … Continue reading L, Regina (on the Application of) v Nottinghamshire County Council: Admn 26 Sep 2007
Responsibility of local authority to provide accommodation and support to child who has been in care on attaining 17. Citations: [2007] EWCA Civ 1506 Links: Bailii Statutes: Children Act 1989 20 Jurisdiction: England and Wales Children, Local Government Updated: 30 November 2022; Ref: scu.266572
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
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003
Claim for judicial review concerns the extent of the Defendant local authority’s duties under section 17 of the Children Act 1989 Citations: [2020] EWHC 1107 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration, Children, Housing Updated: 24 November 2022; Ref: scu.650739
Judges: Anthony Edward-Stuart QC Citations: [2009] EWHC 34 (Admin) 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 17 who was ejected from home and presents himself to a local … Continue reading A, Regina (on the Application of) v Coventry City Council: Admn 22 Jan 2009
The father sought to appeal an order restraining him from further appeals in respect of his children. Citations: [2006] EWCA Civ 1617, [2007] 1 FLR 1532 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 22 November 2022; Ref: scu.246716
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The mother wished the baby to be released for adotion, but refused to identify the father. The local authority applied to court for directions. Judges: Munby J Citations: [2007] EWHC 1771 (Fam) Links: Bailii Statutes: Children Act 1989 100 Jurisdiction: England and Wales Children, Adoption Updated: 19 November 2022; Ref: scu.260015
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
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
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
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
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
Judges: Pauffley J Citations: [2013] EWHC 578 (Fam) Links: Bailii Statutes: Children Act 1989 105(6) Jurisdiction: England and Wales Children, International Updated: 14 November 2022; Ref: scu.471761
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
The hospital sought a declaration that it had no obligation to provide a kidney transplant to an eighteen year old youth who had had very severe disabilities since birth. It was argued that his mental condition meant that he would be unable to cope with the stress and changes involved in the operation. Held: ‘When … Continue reading An Hospital NHS Trust v S (By her Litigation Friend the Official Solicitor) And DG (S’s Father) and SG (S’s Mother): FD 6 Mar 2003
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
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
The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which case they had no duty to maintain the child, or whether they had accommodated … Continue reading Southwark, London Borough of v D: CA 7 Mar 2007
Judges: Mr Justice Davis Citations: [2005] EWHC 1753 (Admin) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 November 2022; Ref: scu.229302
The court considered the special guardianship provisions as inserted into the 1989 Act. Held: An individual who needed leave from the court before applying for a special guardianship order had to do so before giving notice to the local authority of his intention to apply for a special guardianship order. Judges: Lord Justice Thorpe, Lord … Continue reading R (a Child), Birmingham City Council v LR (MRR’s Mother) and others: CA 20 Dec 2006
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995
Waite LJ: ‘It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general pronciple that a child should grow up in the knowledge of both his … Continue reading In Re D (a Minor) (Contact: Mother’s Hostility): CA 1993
Judges: Mr Justice Keith Citations: [2009] EWHC 915 (Admin), [2009] 2 FLR 974, [2009] Fam Law 580, [2010] 1 FCR 699 Links: Bailii Statutes: Children Act 1989 17(1) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.343058
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
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
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006
The claimants sought judicial review in respect of the alleged failure of the London Borough of Croydon Council, as local education authority, to make suitable provision for their education, and more generally in respect of the alleged failings of the Council to provide sufficient secondary schooling in its area. The claimants are children, each of … Continue reading KS and Another, Regina (on The Application of) v London Borough of Croydon: Admn 20 Oct 2010
Judges: Rix, Lloyd, Black LJJ Citations: [2011] EWCA Civ 925 Links: Bailii Statutes: Children Act 1989 20 Jurisdiction: England and Wales Children Updated: 17 September 2022; Ref: scu.442256
Claim for judicial review of a decision of the defendant local authority to refuse to provide accommodation and support to the claimants, together with their parents, under section 17 of the Children Act 1989. Judges: Leggatt J Citations: [2013] EWHC 1205 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children, Housing Updated: 15 September … Continue reading MN and Another v London Borough of Hackney: Admn 10 May 2013
Whether the Defendant local authority is obliged to provide support, including accommodation, to the Claimant and her mother pursuant to section 17 of the Children’s Act 1989, pending determination of the mother’s appeal against the refusal by the United Kingdom Border Agency acting on behalf of the Secretary of State for the Home Department, of … Continue reading Eat, Regina (on The Application of) v London Borough of Newham: Admn 28 Feb 2013
Application by the father of four children, aged between 7 and 15, for permission to appeal against the decision of a circuit judge who refused to permit him to make an application for the implementation of an order for indirect contact with the children during the currency of an order made by a different judge … Continue reading LTF v LMF: CA 17 Aug 2006
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The court examined ‘a short but important point on the inter-relationship between the provisions of Part III of the Children Act 1989, headed ‘Local Authority Support for Children and Families’, and the homelessness provisions of Part VII of the Housing Act 1996, in particular sections 188 and 189, headed ‘Interim duty to accommodate”. Judges: Walll … Continue reading M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
There had been care proceedings as to C. The mother was treated by a psychiatrist, X, and an associate Y. They also prepared expert reports. M formally complained about X, and the charges having been dismissed, the doctors now sought disclosure of further medical recods from the care proceedings. His medical reputation had been severely … Continue reading Re C (A Child): FC 29 Sep 2015
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Judges: Symons QC J Citations: [2010] EWHC 49 (Admin) Links: Bailii Statutes: Children Act 2004 11, Children Act 1989 17 Jurisdiction: England and Wales Children Updated: 13 August 2022; Ref: scu.392987
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017
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
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
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
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
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989
Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of … Continue reading AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008
The court considered an application for a residence order as between same sex parents where the child was born after artificial insemination. Judges: Thorpe, Tuckey, Arden LJJ Citations: [2005] EWCA Civ 462, [2005] 2 FLR 957, [2006] 1 FCR 436 Links: Bailii Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 24 July … Continue reading Re G (Children): CA 6 Apr 2005
Citations: [2018] EWHC 3298 (Admin) Links: Bailii Statutes: Children Act 1989 17, Chronically Sick and Disabled Persons Act 1970 2 Jurisdiction: England and Wales Local Government, Children, Immigration, Housing Updated: 23 July 2022; Ref: scu.631204
The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. Judges: Ward, maurice Kay LJJ, Sir John Chadwick Citations: [2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] … Continue reading A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
W sought assistance from the Council. As a 17 year old without significant family support he had been released from custody and was entitled to admitted support under section 20 of the 1989 Act. Judges: Mackie QC J Citations: [2008] EWHC 2299 (Admin), [2008] 2 FLR 2150, [2008] Fam Law 1196 Links: Bailii Statutes: Children … Continue reading W, Regina (on the Application of) v North Lincolnshire Council: Admn 30 Jul 2008
The unmarried parents fought bitterly over residence contact with the child. Judges: Munby J Citations: [2009] EWHC 1807 (Fam) Links: Bailii Statutes: Children Act 1989 8 Jurisdiction: England and Wales Citing: See Also – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009 Application in respect of the proposed disclosure to the … Continue reading In re N (A Child); A v G: FD 17 Jul 2009
The mother appealed against a refusal of an order allowing her to remove her son to live with her in Northern Ireland. Held: Thorpe LJ said that the relief appropriately to be sought by the objecting parent is a prohibited steps order. Judges: Thorpe, Lloyd, Toulson LJJ Citations: [2007] EWCA Civ 1055, [2008] Fam Law … Continue reading In re B (A Child) (Prohibited Steps Order): CA 24 Jul 2007
The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001
The effect of section 12(5)(b) of the Criminal Justice and Court Services Act 2000 was to continue the appointment of a child’s guardian ad litem after the making of a supervision order until the order expired or the guardian’s appointment was terminated by the court. His functions should be carefully defined to provide a specific … Continue reading MH, SB, MB v Local Authority (Supplemental Judgement): FD 3 Aug 2001
Challenge to the First Defendant’s decision to cease providing the claimants with accommodation and subsistence under section 17 of the Children Act 1989 following an assessment of their needs. Judges: Anne Whyte QC Citations: [2019] EWHC 793 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children Updated: 14 July 2022; Ref: scu.639685
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards children aged 16 and 17 without support from their families. The 1989 Act referred to … Continue reading M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain. Held: The appeal failed. ‘The question whether there is … Continue reading Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women under the homelessness legislation, though also conceding that she … Continue reading S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007
The Court is to look at actual reasonable expenditure in order to calculate a maintenance requirement. Citations: Ind Summary 17-May-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85737
An order was sought in care proceedings with regard to a child of a family where the father was a member of the administrative and diplomatic staff of a diplomatic mission. Held: Where a child was present in the UK at the time of the application, an English court had jurisdiction. Such a worker was … Continue reading In re B (A child) (Care proceedings: Diplomatic Immunity): FD 30 Jul 2002
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006
The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ deficiencies had had ‘subtle and ambiguous consequences’ for the children. Such consequences could not amount to significant … Continue reading Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified. Held: The protection given by the order against identification of the child did not continue beyond the … Continue reading Clayton v Clayton: CA 27 Jun 2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The mother was addicted to drugs. Whilst the grandmother was in hospital, the authority referred G’s case because of concerns at G’s development. An order freeing her for adoption was made. The grandmother sought an assessment under s38. Held: The grandmother’s appeal failed. Her arguments presumed that she would have been the primary carer not … Continue reading Re G: 2003
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005
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
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
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
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 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
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
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
(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 applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004
