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Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings. Citations: Times 25-Aug-2006 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children, Local Government, Legal Aid Updated: 20 May 2022; Ref: scu.244693

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome. Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a … Continue reading Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001

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

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

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

In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

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

Re X; Barnet London Borough Council v Y and Z: FD 2006

The judge refused to endorse a local authority’s care plan, and invited the local authority to reconsider it. He criticised the local authority for taking an important decision in pending care proceedings without any warning to the guardian and without involving her in any way.Public law ‘cases, by definition, involve interference, intrusion, by the State, … Continue reading Re X; Barnet London Borough Council v Y and Z: FD 2006

Regina v London Borough of Hammersmith, ex parte P: QBD 1989

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

In Re C (leave to remove from the jurisdiction): CA 2000

The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. Judges: Morritt, Thorpe and Chadwick LJJ Citations: [2000] 2 FLR 457 Statutes: Children Act 1989 Jurisdiction: England and Wales Citing: Cited – Poel v Poel CA 1970 The mother of a child of two … Continue reading In Re C (leave to remove from the jurisdiction): CA 2000

In re H (Children: Residence order: Relocation): CA 30 Jul 2001

A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001

A v A (Children: Shared Residence Order): CA 3 Feb 1994

A shared residence order may be still made if it is needed, but it remains an unusual order. Connell J discussed the guidance given as to shared residence orderButler-Sloss LJ said: ‘Miss Moulder, representing the father, accepts that the conventional order still is that there would be residence to one parent with contact to the … Continue reading A v A (Children: Shared Residence Order): CA 3 Feb 1994

Re C and B (Care Order: Future Harm): CA 2001

Hale LJ said that ‘a comparatively small risk of really serious harm can justify action, while even the virtual certainty of slight harm might not’. Judges: Hale LJ Citations: [2001] 1 FLR 611 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Cited by: Cited – Plymouth City Council v HM Coroner for the County … Continue reading Re C and B (Care Order: Future Harm): CA 2001

D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005

D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under the 1983 Act. An internal prison report which contained the substantial record of the … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005

A Health Authority v X (Discovery: Medical Conduct): FD 2001

There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible medical misconduct’. Judges: Cazalet J Citations: [2001] 2 FLR 673 Statutes: Children Act 1989 12 … Continue reading A Health Authority v X (Discovery: Medical Conduct): FD 2001

In re L (Care proceedings: Human Rights Claims): 2003

The court set out appropriate procedures designed to human rights claims, even properly brought, from de-railing care proceedings. Judges: Munby J Citations: [2003] 2 FLR 160 Cited by: Cited – Regina (S) v Haringey London Borough Council QBD 13-Nov-2003 The applicant sought a writ of habeas corpus in respect of her four children who had … Continue reading In re L (Care proceedings: Human Rights Claims): 2003

Re G (Care proceedings: split trials): CA 2001

In a situation where an application is made for a care order, and the threshold criteria are met, but the court cannot decide which carer is responsible, the preferable interpretation is that in such cases the court is able to proceed at the welfare stage on the footing that each of the possible perpetrators is … Continue reading Re G (Care proceedings: split trials): CA 2001

Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

Regina v Legal Aid Board, Ex Parte W and Others (Minors): CA 19 Sep 2000

When considering the granting of legal aid for a solicitor to be appointed to represent a child’s guardian ad litem in proceedings under section 34, the Board had failed to acknowledge the requirement under the Rules placed upon a guardian to be represented. There was no choice about the appointment. The power to reject an … Continue reading Regina v Legal Aid Board, Ex Parte W and Others (Minors): CA 19 Sep 2000

Plymouth City Council v C and Another: CA 21 Mar 2000

Where a child coming into care had had connection with two local authorities beforehand, the primary statutory responsibility for care would be determined by assessing which was the authority with a connection to the child immediately before the period to be disregarded under the Act for any temporary placement. The court reaffirmed the simple test … Continue reading Plymouth City Council v C and Another: CA 21 Mar 2000

Practice Direction (Court of Appeal) (Civil Division): CA 19 Apr 1999

As part of the modernisation and reform of civil procedure, all the principal Court of Appeal practice directions are consolidated now into this one document handed down by the court.‘2. Permission to appeal2.1 When is permission required?2.1.1. Most appeals require the permission of the court below (the court which made the decision which is challenged) … Continue reading Practice Direction (Court of Appeal) (Civil Division): CA 19 Apr 1999

In Re R (A Child) (Care Proceedings: Disclosure): CA 18 Jul 2000

A guardian ad litem, representing one child, was entitled to see a report, prepared by the child protection committee of the local authority, which related to the death of the child’s sibling. Such a report constituted a report prepared by the authority whilst exercising a statutory function assigned to it. No question of policy could … Continue reading In Re R (A Child) (Care Proceedings: Disclosure): CA 18 Jul 2000

In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

A child appealed an order for him to be returned to Croatia to be with his father. The mother had returned to England believing this to be her home. Held: In such cases where the court might make an order under the 1989 Act for residence with the mother, all the information necessary to such … Continue reading In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

Douglas v North Tyneside Metropolitan Borough Council: CA 19 Dec 2003

The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise … Continue reading Douglas v North Tyneside Metropolitan Borough Council: CA 19 Dec 2003

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

Regina (G) v Barnet London Borough Council: CA 11 Apr 2001

A mother and child from Holland were homeless in London. The mother was not entitled to be rehoused as a homeless person, nor to housing benefit, nor to income support, but sought the right to be housed with her child. The authority felt the best plan was to return the child to Holland. The duty … Continue reading Regina (G) v Barnet London Borough Council: CA 11 Apr 2001

In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

It should be routine that, when presenting a case before a court to apply for a care order, the applicant authority should provide a written statement of the reasons, upon which it argued that the threshold conditions had been met. That statement should be based upon the evidence available at the time the decision to … Continue reading In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

In Re W and B (Children: Care Plan) In Re W (Child: Care Plan): CA 7 Jun 2001

Courts should take additional powers under the Act for the management and implementation of care plans made in care proceedings. In these cases, an order had been made on the basis of a care plan which subsequently proved impossible to implement, and in the second case, decisions might better have been deferred until some situation … Continue reading In Re W and B (Children: Care Plan) In Re W (Child: Care Plan): CA 7 Jun 2001

In Re B (A Minor) (Interim Care Orders: Renewal): FD 28 Jun 2001

The child was made subject to an interim care order. On the application to renew the interim order, the judge decided to limit the matters to be considered to matters which had changes since the last hearing. This was not something to be derived from the Act, but from the ability of the court to … Continue reading In Re B (A Minor) (Interim Care Orders: Renewal): FD 28 Jun 2001

In re B (Minors) (Contact order: Enforcement): CA 27 Feb 2009

The court had made a contact order and a penal notice attached under section 34, and the local authority had been found to have breached it. They now appealed against a finding that they were in contempt of court. Held: An order extended under section 34 was capable of being enforced by a finding of … Continue reading In re B (Minors) (Contact order: Enforcement): CA 27 Feb 2009

In re S (Permission to seek relief); In re E (Permission to seek relief): CA 18 Aug 2006

Each father appealed orders under the section restricting conditionally their right to make applications under the Act without permission. Held: S91 orders must state their term, and the nature of the application to which it related, but must not then add conditions. Orders made without a limit of time should be the exception. The main … Continue reading In re S (Permission to seek relief); In re E (Permission to seek relief): CA 18 Aug 2006

In Re S (a Child: Unmarried Parents: financial provision): CA 1 Mar 2006

(Date) The mother appealed against an order of andpound;800,000 to provide her with a home in which to bring up the child of the wealthy ummarried couple. Held: The judge had erred in scaling down pro rata an award made in another large money case. The court noted that in such cases it would avoid … Continue reading In Re S (a Child: Unmarried Parents: financial provision): CA 1 Mar 2006

In re S (a child) (Care proceedings: Contact): FD 5 Jul 2005

The one month old baby had been taken into the care of the local authority. The authority appealed the extent of contact with the baby. Held: The appeal failed. It was not wholly improper to allow for the practicalities of arranging such contact, including the financial resources available to meet them. The order was to … Continue reading In re S (a child) (Care proceedings: Contact): FD 5 Jul 2005

Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

C v C (Minor:Abduction: Rights of Custody Abroad): CA 1989

The English mother married the Australian father in Australia and bore their child their. After divorce both parents had custody with no right to remove the child. The mother brought the child to England without the father’s consent. Held: The child had been removed wrongfully. The mother was not to be allowed to create a … Continue reading C v C (Minor:Abduction: Rights of Custody Abroad): CA 1989

In re A (a Child) (Care proceedings: Non-accidental injury): CA 1 Jul 2003

The 11 year old child had been subject to non-accidental injury. The perpetrator could not be identified form among those who had care of him. The Family Court had held the first part of a split trial. The judge had been unable to exclude the immediate family and carers from the pool of possible perpetratrors. … Continue reading In re A (a Child) (Care proceedings: Non-accidental injury): CA 1 Jul 2003

A Local Authority v X and Others: FC 1 May 2020

Application by A Local Authority for a care order pursuant to section 31 of the Children Act 1989 in respect of Z, who is now six and a half years old. Judges: Mrs Justice Roberts Citations: [2020] EWFC 36 Links: Bailii Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.656378

In re A (A Minor) (Wardship: Police Caution): FD 28 Jun 1989

The Court considered the role of the wardship court where the police wished to caution a ward of court. The question fell into two parts. In relation to the first, Cazalet J said this: ‘The decision as to whether to caution in lieu of prosecuting is a matter which is wholly within the discretion of … Continue reading In re A (A Minor) (Wardship: Police Caution): FD 28 Jun 1989

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007

The judgment of Collins J in Lekstaka [2005] EWHC 745 (Admin) established that on Judicial Review of a refusal of the Immigration Appeal Tribunal of permission to appeal to it that claimant’s case was arguable, but did not decide the merits of that case nor establish general propositions applicable to other cases. As now clarified … Continue reading KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report. Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for … Continue reading In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of paternity. Held: The Act clearly provided that the embryo was created at the time … Continue reading In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled … Continue reading In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

In re X, (Emergency Protection Orders): FD 16 Mar 2006

Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family. Held: The decision making processes adopted by both the authority and the family court were badly flawed. An Emergency Protection Order … Continue reading In re X, (Emergency Protection Orders): FD 16 Mar 2006

Z, Re (A Child: Deprivation of Liberty: Transition Plan): FD 12 Nov 2020

The local authority applied pursuant to s.100 of the Children Act 1989 for permission to invoke the inherent jurisdiction in order that a young person, Z, might be deprived of their liberty in order to convey them from their family home to a residential school. Judges: Mrs Justice Knowles Citations: [2020] EWHC 3038 (Fam) Links: … Continue reading Z, Re (A Child: Deprivation of Liberty: Transition Plan): FD 12 Nov 2020

Ellis v Wallsend District Hospital: 1989

(Court of Appeal of New South Wales) Samuels JA discussed the circumstances in which a non-delegable duty of care arises: ‘It arises from a relationship which combines the dependence of A upon the reasonable care, skill and judgment of B with the legitimate expectation that B will ensure that those qualities will be exercised in … Continue reading Ellis v Wallsend District Hospital: 1989

Gray v Thames Trains and Others: HL 17 Jun 2009

The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009

Regina v X, Y and Z; Regina v DJX, SCY and GCZ: CACD 1989

The court upheld the decision of the Common Sergeant, sitting at the Central Criminal Court, that screens should be erected to enable children who had been treated indecently to give evidence screened from the defendant. The judge was required to see that: ‘the system operates fairly; fairly not only to the defendant, but also to … Continue reading Regina v X, Y and Z; Regina v DJX, SCY and GCZ: CACD 1989

B County Council v L and Others: FD 2002

Whilst under assessment before consideration of a final order, the mother said she had hurt her older child. The hospital was unable to provide 24 hour supervision, and the assessment was terminated. The parents sought an order for an assessment at an alternative hospital. Held: If the assessment was necessary, it was not correct to … Continue reading B County Council v L and Others: FD 2002

In re W (a Child) (Care proceedings: Leave to apply): FD 11 Nov 2004

Miss W appealed refusal of leave to be made party to care proceedings in respect of her niece. She had wanted to make representations and felt that if not a party her views would not be respected. The application was opposed by the authority and the guardian, but supported by the mother and other family … Continue reading In re W (a Child) (Care proceedings: Leave to apply): FD 11 Nov 2004

In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

The mother fled Pakistan and secured asylum here, proving a well founded fear of persecution if she returned. She had brought her son. The father applied for the child to be returned for the courts there to decide his future, saying he had been abducted. Held: To order the return of the child anticipating the … Continue reading In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

Re C (Wardship: Medical Treatment) (No 2): CA 1989

The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the hospital where she was being looked after. Although the child herself would know nothing … Continue reading Re C (Wardship: Medical Treatment) (No 2): CA 1989

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

In re C (A Minor) (Wardship: Medical Treatment): CA 1989

Citations: [1989] 2 All ER 782, [1989] 3 WLR 240, [1990] Fam 26 Jurisdiction: England and Wales Citing: See also – Re C (Wardship: Medical Treatment) (No 2) CA 1989 The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; … Continue reading In re C (A Minor) (Wardship: Medical Treatment): CA 1989

In re B (A child) (Care proceedings: Diplomatic Immunity): FD 30 Jul 2002

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

In re H (Child’s name: First name): CA 29 Jan 2002

The parents were married, but separated after the wife became pregnant. Both the father and mother registered the birth, but under different first names. The father was first, and the mother’s registration was cancelled. None of the authorities about surname disputes applied to a child’s first name. The surname by which a child was registered … Continue reading In re H (Child’s name: First name): CA 29 Jan 2002

Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient. Judges: Mr Jack Beatson, … Continue reading Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

In Re W (A Minor) (Contact Application Procedure): FD 12 Oct 1999

It was no longer appropriate for family courts to hear applications for leave to apply for contact without requiring or allowing attendance of the parties and to make such decisions without recording the reasons. Such an application required the court to weigh the merits of the proposed application, and such a procedure required the parties … Continue reading In Re W (A Minor) (Contact Application Procedure): FD 12 Oct 1999

In Re W (A Minor) (Parental Contact: Prohibition): CA 20 Jan 2000

Once a court has made an order granting care to the local authority, the court no longer has any jurisdiction to make an order to prohibit contact between the child and a parent. The regulations give explicit power to the authority to agree such an arrangement, and therefore any order would be unenforceable. Citations: Times … Continue reading In Re W (A Minor) (Parental Contact: Prohibition): CA 20 Jan 2000

In Re M (Minors In Care) (Contact: Grandmother’s Application): CA 21 Apr 1995

A grandmother must seek leave of the court before applying for contact with a child in the care of the Local Authority. An application should be dismissed it it is frivolous, vexatious or an abuse of process and/or failed to show any reasonable prospect of success. Judges: Ward LJ Citations: Times 21-Apr-1995, [1995] 2 FLR … Continue reading In Re M (Minors In Care) (Contact: Grandmother’s Application): CA 21 Apr 1995

In Re M (Minor: Care Order): FD 20 Oct 1993

A Care order to protect a child against danger may not be made after the risk subsides. Citations: Times 20-Oct-1993 Statutes: Children Act 1989 3(2) Jurisdiction: England and Wales Cited by: Appeal from – Re M (A Minor) (Care Orders: Threshold Conditions) HL 7-Jun-1994 The father had been sentenced to life imprisonment for the murder … Continue reading In Re M (Minor: Care Order): FD 20 Oct 1993

In Re B (A Minor: Contact Order): FD 8 Apr 1994

In a disputed contact case, the parties had agreed that their should be monitored interim access, and this was supported by the Court Welfare Officer. The magistrates declined to make an order fearing that this would delay the final order. Held: The Justices had been wrong to refuse to make the order. Delay would principally … Continue reading In Re B (A Minor: Contact Order): FD 8 Apr 1994

In Re B (Minors) (Contact): CA 3 Feb 1993

The Judge had a discretion to look again at the natural mother’s case before making an adoption order. In order to minimise delay in any case, and to facilitate efficient decision-making, the court could, exercising its wide judicial discretion, consider the application for leave to apply for an order revoking the placement order on a … Continue reading In Re B (Minors) (Contact): CA 3 Feb 1993

In re Y and K (Minors) (Split hearing: Evidence): CA 7 Apr 2003

In a ‘split trial’ procedure under the Act, it was wrong to bring in rules from criminal procedures. A witness who was competent was also compellable. Dicta in In re B were made without reference to section 98. Judges: Hale, Thorpe LJJ Citations: Times 18-Apr-2003 Statutes: Children Act 1989 31 98 Jurisdiction: England and Wales … Continue reading In re Y and K (Minors) (Split hearing: Evidence): CA 7 Apr 2003

Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Corr v IBC Vehicles Ltd: CA 31 Mar 2006

The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

In re J (a Child) (Care Proceedings: Disclosure): FD 9 May 2003

A report had been prepared by the local authority into the way in which it had handled the proceedings. The guardian sought to inspect the report and the authority resisted, claiming public interest immunity. Held: The report had been prepared in connection with the matters underlying the proceedings. By virtue of the Act, the child’s … Continue reading In re J (a Child) (Care Proceedings: Disclosure): FD 9 May 2003

Re L (Fact-Finding Hearing: Fairness): CA 17 Feb 2022

‘The principal issue arising on this appeal in care proceedings concerning a little girl, L, is whether the process by which the recorder reached the conclusion that the threshold criteria under s.31 of the Children Act 1989 were satisfied was fair. The appellant, Z, who is L’s father, contends that certain of the findings made … Continue reading Re L (Fact-Finding Hearing: Fairness): CA 17 Feb 2022

In re D (A Child): SC 26 Sep 2019

D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019