The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released by the police without charge. The local authority … Continue reading Regina v Norfolk County Council, ex parte M: QBD 1989
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
Judges: HHJ Lynch Citations: [2021] EWFC B3 Links: Bailii Jurisdiction: England and Wales Children Updated: 27 September 2022; Ref: scu.659477
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
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
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
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
Purchas LJ said: ‘the phrase ‘substantial ground for the making of an application for such an order’ is clearly central to the issues in this application . . [i]n particular when the court comes to consider such an application, it will have to take into account under s. 16(1) whether in all the circumstances of … Continue reading Holmes v Holmes: CA 1989
Appeal from settlement of property order made in favour of two of the parties’ children. Lady Justice King, Lord Justice Moylan, And, Lord Justice Newey [2021] EWCA Civ 1947 Bailii, Judiciary Children Act 1989 England and Wales Child Support Updated: 28 December 2021; Ref: scu.670641
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to: (1) the place which the habitual residence of the child occupies in the scheme of that Convention, and (2) whether and when a wrongful retention of a child may occur if the travelling parent originally … Continue reading Re C (Children): SC 14 Feb 2018
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
Three children, after their parents’ separation, spent substantial amounts of time with each, despite the acrimony between their parents and frequent court applications. The father argued that without a shared residence order he was treated as a second-class parent by authorities with whom he had to deal over matters relating to the children. The judge … Continue reading In Re D v D (Children) (Shared Residence Orders): CA 20 Nov 2000
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in care proceedings had issued a provisional judgment, but after … Continue reading Re L and B (Children): SC 20 Feb 2013
The mother had been, whilst in a previous relationship, involved in care proceedings after the death from physical abuse of her baby. Whilst being severely critical of her, the court had been unable to identify the author of the child’s death. Now, whilst in a later relationship she gave birth to a further child of … Continue reading In re J (Children): SC 20 Feb 2013
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
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When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence … Continue reading Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
The claimant parents, themselves child protection workers, sought judicial review of a decision by the respondent to institute a section 47 enquiry as to whether their child was at risk of significant harm, after an anonymous allegation.
Held: . .
The court considered the powers of the court in care proceedings where it did not approve the authority’s proposed care plan. The judge had made supervision orders in relation to both children coupled with an injunction restraining the mother from removing the children from the foster home in which the local authority had placed them. … Continue reading Re S and D (Child Care Powers of the Court ): CA 1995
An application was made for continued contact after a proposed adoption. The mother was young and had herself lost her family and taken into care when very young. Held: Her request for permission to appeal failed. Wall LJ said: ‘I am reasonably confident that in this particular case both sides understand the other’s position. When … Continue reading In re R (A Child): CA 18 Aug 2005
A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs … Continue reading Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed. Held: The appeal succeeded. Thorpe LJ said that counsel was correct to characterise the proposal ‘as essentially a programme of therapy for the … Continue reading In the Matter of B (Minors): CA 22 Jul 1998
A tenancy of a flat was granted to Miss Vyas. She occupied it with Mr Sharma. They later married. She moved out and was given the tenancy of a council house elsewhere. She then wrote to Brent, the landlords, to say she was no longer sharing with Mr Sharma, that she had moved out and … Continue reading London Borough of Brent v Sharma and Vyas: CA 1992
Issue about the power of a local authority social services department to communicate to the education department of the authority and to school governors the conclusion which it has reached after enquiries under section 47 of the Children Act 1989 that a head teacher presents a risk of significant harm to children. Citations: [2001] EWCA … Continue reading A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001
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 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 appellant sought leave to appeal an order regarding access to her children in care. A residential therapeutic assessment had been refused. She sought transfer of the case to the High Court. Held: The application must be refused. The judge considering the matter was experienced and had given it full consideration. The delay involved in … Continue reading Re: E (Minors): CA 19 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
B had been taken from her parents at birth, the local authority anticipating a risk of harm. The mother had suffered violence at the hands of the father, and also had convictions for dishonesty and making false allegations. The judge had made a care order in relation to B on the basis of a care … Continue reading In re B (A Child): CA 14 Nov 2012
The judge should consider the checklist of relevant matters in the statute in a residence application even though no complaint was made by the parties. The use of the checklist can assist a court in obtaining clarity in its reasoning. Thoough an appeal court should be slow to interfere in a judge’s decision where his … Continue reading B v B (Minor: Residence Order): CA 6 Jun 1997
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
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
‘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
The applicant was refused registration as a child minder, on the basis that a person is qualified for registration for childminding if she is ‘suitable to look after children under the age of eight’ and that the applicant was said not to be suitable. Held: The burden of proof is on the Applicant in applications … Continue reading HM Chief Inspector of Schools v Spicer: Admn 12 Mar 2004
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
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
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
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 father appealed against an order restraining him from taking further contact proceedings. Judges: Mummery, Rimer, Black LLJ Citations: [2010] EWCA Civ 1449 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 03 September 2022; Ref: scu.430479
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
Citations: [2009] EWHC 865 (Fam), [2009] Fam Law 569, [2009] 2 FLR 443 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children, Magistrates Updated: 11 August 2022; Ref: scu.347347
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
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
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
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
The claimant, an illegal immigrant challenged the refusal of the respondent Council to provide support to her children under the 1989 Act. Judges: Robin Purchas QC Citations: [2013] EWHC 43 (Admin), [2013] 1 WLR 1163, [2013] 2 FCR 319, [2013] BLGR 363, [2013] WLR(D) 60, (2013) 16 CCL Rep 63 Links: Bailii, WLRD Statutes: Children … Continue reading KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress. Held: In this case the balance was in favour of the mediator giving the evidence requested. In … Continue reading Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009
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
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007
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
Judges: Lord Justice Thorpe Lord Justice Laws Lady Justice Hallett Citations: [2006] EWCA Civ 479 Links: Bailii Statutes: Children Act 1989 15 Jurisdiction: England and Wales Children Updated: 06 July 2022; Ref: scu.241401
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
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
Applications for care orders in relation to seven children. Judges: Harris HHJ Citations: [2014] EWFC B147 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.540378
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
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
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
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
A five week old baby had been brought into hospital with cranial pressure. At first signs of injury were not seen. It was concluded that the child may have been shaken, and the child protection procedures began. No criminal proceedings were to take place, and no interim care order had been necessary. The local authority … Continue reading A Local Authority v A and D: FD 5 Dec 2001
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002
A seven month old child had been injured, but it was not possible to establish whether this had taken place whilst with her parents or with a child minder. The Council brought care proceedings also for the minder’s own child B. Held: Even though the parents could not be held responsible, the threshold conditions which … Continue reading Lancashire County Council and Another v B and Others; Lancashire County Council v A: HL 16 Mar 2000
The duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family. As to the decision in Horvath, the system must provide for … Continue reading Banomova v Secretary of State for Home Department: CA 25 May 2001
There is no jurisdiction in wardship over a child not habitually resident in England. A child born in England of and English mother and Dubai father had gone to live with his mother in Dubai at the invitation of the father, but had there retained the boy against the mother’s will. The mother obtained certain … Continue reading Al Habtoor v Fotheringham: CA 15 Feb 2001
Application by father to strike out claim for settlement of property order for child. Citations: [2007] EWHC 789 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 22 May 2022; Ref: scu.253472
The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused. … Continue reading E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999
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
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a … Continue reading Berkshire County Council v C and others: QBD 1993
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
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
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
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
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
Citations: Gazette 26-Aug-1992, [1993] Fam 15 Jurisdiction: England and Wales Citing: Appeal from – In Re J (A Minor) (Medical Treatment) FD 8-Jul-1992 The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need … Continue reading In Re J (A Minor) (Child in Care: Medical Treatment): CA 26 Aug 1992
The broad duty imposed on a local education authority by section 8 ‘to secure that there shall be available for their area sufficient schools . . for providing primary education’ is a ‘target duty’. Judges: Woolf LJ Citations: [1990] 2 Admin LR 822 Statutes: Education Act 1944 8 Cited by: Cited – Regina v London … Continue reading Regina v Inner London Education Authority, Ex parte Ali: 1990
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
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
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
Application relating to the exercise of parental responsibility under the Children Act 1989 in relation to the property of a minor. Judges: Mr Justice Peel Citations: [2022] EWFC 7 Links: Bailii Jurisdiction: England and Wales Children Updated: 11 April 2022; Ref: scu.674471
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
The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so called target duty decisions made by the local … Continue reading Regina (A) v Lambeth London Borough Council: QBD 25 May 2001
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
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
