In Re the Children Act 1989 (Taxation of Costs): FD 21 Oct 1994
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
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
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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The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004
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 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
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 Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest. Held: ‘The question is thus whether, having regard to all the circumstances … Continue reading Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police: CA 6 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
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 applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004
The mother resisted an order requiring her to return to Saudi Arabia her child, saying that his human rights would be breached in Saudi. Held: The court could apply the convention only as regards actions which would take place in a convention country. Speed was essential in dealing with international child abduction cases. Whilst there … Continue reading In re J (a child) (Child returned abroad: Convention Rights, Human Rights): CA 2 Apr 2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, … Continue reading In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004
In a hearing where the threshold standard was at issue, a party challenged the compliance with Human Rights law of the 1989 Act. The court adjourned the case for transfer to the High Court. Held: The correct court to hear such suggestions was the court seized of the case, and it should not be transferred. … Continue reading In re V (a Child) (Care proceedings: Human Rights Claims): CA 4 Feb 2004
‘The courts recognise the critical importance of the role of both parents in the lives of their children. The courts are not anti-father and pro-mother or vice versa. The court’s task, imposed by Parliament in section 1 of the Children Act 1989 in every case is to treat the welfare of the child or children … Continue reading S (A Child), Re: CA 28 Jan 2004
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 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
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school. Held: Provided the parents would have a defence to an accusation of not sending their child to … Continue reading Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
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
Citations: [1999] EWCA Civ 1980 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 31 May 2022; Ref: scu.146895
This is an application by a journalist, Ms Tickle, relating to a completed Children Act 1989 care case involving Herefordshire County Council (‘HCC’). Ms Tickle wishes to be allowed to see certain documents and to screen an interview with the Mother in that case (‘Ms Logan’) within a forthcoming BBC Panorama programme. The intention is … Continue reading Tickle v Herefordshire County Council and Others: FD 4 May 2022
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
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
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 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 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
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 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
After the birth C had been placed with a foster carer with a view to adoption. the authority had had concerns about the mother’s ability to care for the child after her treatment of older children. The mother found a more stable relationship, and now sought an assessment, and was supported by the guardian and … Continue reading Re H (2004): 2004
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
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
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
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
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
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
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
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
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
The mother appealed against a prohibited steps order preventing her taking the child of the family with her on her relocation to Northern Ireland. Held: The making of an order either as a prohibited steps order or as a condition of a residence order, which placed restrictions on the right of the child’s primary carer … Continue reading In re B (A child) (Relocation): CA 24 Jul 2007
Balcombe LJ said: ‘But before concluding this judgment, I would like to make three general points. The first is that judges should be very reluctant to allow the implacable hostility of one parent (usually the parent who has a residence order in his or her favour) to deter them from making a contact order where … Continue reading In re J (a Minor) (Contact): CA 1994
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
The judge had found that the threshold criteria in section 31 had been met, but the authority changed the care plan immediately before the final hearing. The guardian now appealed a final order, having proposed an interim order. Held: Once the care order had been made, the court had no continuing direct role. The order … Continue reading In Re J (Minors) (Care: Care Plan): FD 1994
The child’s mother sought financial assistance to travel to Sudan to visit her child who was being unlawfully restrained there by the father, and to seek his return. Held: The 1989 Act gave the court power to make an order for the benefit of the child. That provision was to be read widely, and the … Continue reading In re S (a child) (Financial Provision): CA 9 Nov 2004
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
Ewbank J considered the case of a ward of court, aged 17.5 years who had been arrested by the police on suspicion of burglary and said: ‘After he was arrested he was interviewed by the police who did not know that he was a ward of court. They became aware that he was a ward … Continue reading Re B (A Minor): FD 15 Dec 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
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
The judge need not decide on the outcome of a residence order application before going on to consider a care order. There was no necessary order of consideration. A care order should not normally be made to Local Authority if a capable family member will take child. Citations: Independent 13-Apr-1994, Times 16-Mar-1994, [1994] 1 FLR … Continue reading Oldham Metropolitan Borough Council v E and Others: CA 16 Mar 1994
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
An allegation had been made by a daughter of sexual abuse against her step-father. Despite his acquittal, the local authority went ahead with an application for a care order. The authority now appealed against a finding that it had not established a risk to the children to a sufficient standard. Held: The appeal failed. The … Continue reading In re H and R (Minors): CA 1994
(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
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
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
The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger. Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of duress as ‘duress of circumstances’. Judges: Woolf LJ Citations: … Continue reading Regina v Conway: 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
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
It was not proper to require a Local Authority to pay the cost of a child visiting his father in prison. Citations: Gazette 12-Feb-1997, Times 07-Feb-1997 Statutes: Children Act 1989 16 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.88951
The welfare of the child is not the paramount consideration on an application for child to be remanded to secure accommodation by Local Authority. Citations: Ind Summary 12-Dec-1994 Statutes: Children Act 1989 1 25 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.85817
The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order. Held: When an application was made on the basis that a child was suffering significant harm after making interim … Continue reading Re M (A Minor) (Care Orders: Threshold Conditions): HL 7 Jun 1994
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
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
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
On making a secure accommodation order, the welfare of the child is a relevant but not the paramount consideration. The Court referred to the responsibility of reaching ‘so serious and Draconian a decision as the restriction upon the liberty of the child’. Citations: Times 15-Nov-1994, [1995] 1 FLR 418 Statutes: Children Act 1989 25 Jurisdiction: … Continue reading In Re M (A Minor) (Secure Accommodation Order): CA 15 Nov 1994
The period of a secure accommodation order runs from the date of the order and not the date in which the child was in fact placed in the secure accomodation. Citations: Times 27-May-1994 Statutes: Children Act 1989 25 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.81711
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
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
F’s appeal against an order and judgment making findings in care proceedings under Part IV of the Children Act 1989 that the appellant had sexually abused his daughter Citations: [2019] EWCA Civ 206 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Torts – Other Updated: 27 April 2022; Ref: scu.634077
Applications were made for orders under section 8 after and informal surrogacy arrangement. The child was now 33 weeks old. Held: King J said: ‘When the matter came before the High Court it was agreed by all parties . . s54(3) says that the parties must apply for the order during the period of 6 … Continue reading JP v LP and Others: FD 5 Mar 2014
‘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
A child bailed to a Local Authority may be made subject to a secure accommodation order. Citations: Times 05-Jul-1994 Statutes: Children Act 1989 25 Jurisdiction: England and Wales Children Updated: 18 April 2022; Ref: scu.81775
Citations: [2004] EWHC 2297 (Admin) Links: Bailii Statutes: Children Act 1989 105(1) Jurisdiction: England and Wales Children Updated: 15 April 2022; Ref: scu.218869
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
Exceptional circumstances might exist such that the need to protect a child’s primary carer would require the court to safeguard that at the expense of the immediate consideration of the welfare of the children. Here, contact had been established after the separation, but the father suffered a degenerative disease, and threatened his own suicide, and … Continue reading In re H (Children) (Contact Order) ( No 2): FD 22 Jun 2001
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases. Held: The appeal … Continue reading Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994
Local Authority is under no obligation to provide permanent housing for a family with children save as provided under the Act. The Children Act not to be used as a way around homelessness decisions and rules. A Social Services request to house children did not revive any claim made on behalf of the family as … Continue reading Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994
Harm to children from continued contact can outweigh relationship with mother. Citations: Independent 02-Nov-1994 Statutes: Children Act 1989 1(3)(b) Jurisdiction: England and Wales Children Updated: 09 April 2022; Ref: scu.85823
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
Judge to hear oral evidence where affidavit evidence in stark contradiction. Citations: Ind Summary 21-Nov-1994 Statutes: Children Act 1989 8 Children Updated: 09 April 2022; Ref: scu.85775
Prior leave applications for contact etc on applications to the court by children should be made to High Court. Citations: Gazette 31-Mar-1993 Statutes: Children Act 1989 10 Children Updated: 09 April 2022; Ref: scu.84960
New procedure for production of time estimates in cases re children. Citations: Times 08-Dec-1993 Statutes: Children Act 1989 Children Updated: 09 April 2022; Ref: scu.84848
The father appealed an order refusing him direct contact with the child. The judge had made the order because he considered that the mother’s hostility to contact made it likely that her health would suffer if contact was ordered, and that the children’s health would suffer in turn. Held: The appeal was allowed. Stopping a … Continue reading In Re P (Minors) (Contact): CA 15 May 1996
A failure by a magistrate first to record his reasons in writing before announcing his decision did not vitiate the order made. Much time could be saved by this, and family courts should not get bound up in minor procedural issues. It was within the magistrates’ discretion to order only indirect contact where the mother … Continue reading In Re P (Minors) (Contact: Discretion): FD 9 Sep 1998
Issue of domestic violence is irrelevant as a matter of principle when looking at whether contact should happen; can be dealt with in other ways. Citations: Times 13-Feb-1998 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.82036
The court is to exercise control over proceeedings with particular regard to unnecessary investigations carried out by medical experts. Citations: Times 04-Apr-1994 Statutes: Children Act 1989 Children, Evidence Updated: 08 April 2022; Ref: scu.81903
Child staying at home not accommodated; appropriate Local Authority chosen by normal rules. Citations: Times 24-Jan-1997 Statutes: Children Act 1989 23 Children Updated: 08 April 2022; Ref: scu.81795
The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention. Held: There is a presumption that the united view of the parents of a child as to the treatment of the child correctly identified the best … Continue reading In Re C (A Child) (HIV Test): FD 14 Sep 1999
Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
Section 31 and its associated emergency and interim provisions comprise the only court mechanism available to a local authority to protect a child from risk. The interpretation of the ‘attributable’ condition adopted by the House of Lords is necessary to avoid the unacceptable consequence that, if the court cannot identify which of a child’s carers … Continue reading Re B (minors) (Care proceedings: practice): FD 1999
Claim for judicial review concerning the decision of a local authority that a child was not a ‘child in need’ for the purposes of section 17 of the Children Act 1989, and the consequential refusal to provide the child and her parents with accommodation. Judges: Jeremy Baker J Citations: [2018] WLR(D) 55, [2018] EWHC 61 … Continue reading Stewart, Regina (on The Application of) v Birmingham City Council: Admn 24 Jan 2018
When an application was made to exclude somebody from their home, the statement of facts in support must not only detail the factual material, but also refer to the evidence which supported, in appropriate cases, the relevant provisions under the Act. The statement must also be clear as to what was required of the respondent. … Continue reading W v Middlesborough Borough Council (Exclusion Order: Evidence): FD 4 Aug 2000
Claim for judicial review brought by three children, who are Nigerian nationals, about the level of financial assistance that the Defendant, the Council of the London Borough of Newham, provided under section 17 of the Children Act 1989 to meet the subsistence needs which they and their mother had (as they were destitute) while the … Continue reading PO and Others, Regina (on The Application of) v Council of The London Borough of Newham: Admn 28 Jul 2014
Judges: Cheem-Grubb DBE J Citations: [2017] EWHC 1796 (Admin) Links: Bailii Statutes: Children Act 1989 17 Jurisdiction: England and Wales Children Updated: 27 March 2022; Ref: scu.590293
Guidance on findings in respect of threshold criteria Judges: McFarlane, Lindblom LJJ Citations: [2018] WLR(D) 370, [2018] EWCA Civ 1282, [2018] 4 WLR 143, [2018] 3 FCR 186 Links: Bailii Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 26 March 2022; Ref: scu.617327