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
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
Court may not make care order on application to extend supervision order. Citations: Ind Summary 05-Dec-1994 Statutes: Children Act 1989 35 Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85686
A Judge may depart from the recommendations of the Court Welfare Officer without taking the Court Welfare Officer’s oral evidence. Citations: Times 21-Nov-1994 Statutes: Children Act 1989 1(1) 1(2) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.81791
Justices do not have the power to make an interim care order pending a later hearing on the extension of an existing supervision order. Citations: Times 11-Nov-1994, [1995] 1 FLR 335 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Cited by: Applied – T (A Child) v Wakefield Metropolitan District Council CA 19-Mar-2008 A … Continue reading In Re A (A Minor) (Supervision Order: Extension): CA 11 Nov 1994
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995
The council had made an ex parte application to the magistrates to cancel the appellant’s registration as a child minder. Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section … Continue reading Bowden and Another v Lancashire County Council: CA 18 Jun 1994
After the Judge finds s31 to be satisfied he cannot then add conditions to the residence order. Citations: Ind Summary 23-May-1994, Gazette 01-Jun-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85888
Guardian ad Litem may see and reproduce form F from Local Authority in adoption proceedings. Citations: Ind Summary 31-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Adoption Updated: 26 October 2022; Ref: scu.85889
Joint residence order can be appropriate where residence to be shared. Citations: Ind Summary 14-Feb-1994 Statutes: Children Act 1989 8(1) 11(4) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85684
Guardian ad litem entitled to examine case record prepared on adopters. Citations: Times 12-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.83371
A judge has no power to attach conditions with regard to the setting or residence on a s31 order. Citations: Times 05-May-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.82221
Power to restrain contact application appropriate only in extreme cases. Citations: Times 02-Feb-1994 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81881
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
Judges: HHJ Lynch Citations: [2021] EWFC B3 Links: Bailii Jurisdiction: England and Wales Children Updated: 27 September 2022; Ref: scu.659477
Judges: Mrs Justice Roberts Citations: [2021] EWFC 21 Links: Bailii Statutes: Children Act 1989 15 Jurisdiction: England and Wales Children Updated: 25 September 2022; Ref: scu.659466
A child who was the subject of an application under the Act has welfare priority over even his own child-parent’s upbringing. Citations: Independent 01-Apr-1994, Times 10-Mar-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 21 August 2022; Ref: scu.80441
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 considered the benefits to a child of continuing parental contact while the child remained in care. Simon Brown LJ said: ‘I recognise of course that the threshold criteria for a care order under section 31 of the 1989 Act require the court to be satisfied that a child is suffering or is likely … Continue reading In re E (A Minor) (Care Order: Contract): CA 1994
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 Jurisdiction: England and Wales Children, Evidence Updated: 12 July 2022; Ref: scu.81903
Judge to hear oral evidence where affidavit evidence in stark contradiction. Citations: Ind Summary 21-Nov-1994 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85775
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
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
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
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
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
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 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 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
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
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
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
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
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
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
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
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
Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. Gazette 18-May-1994, Independent 17-Mar-1994, Times 17-Mar-1994 Children Act 1989 77(6) England and Wales Citing: See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994 … Continue reading Sutton London Borough Council v Davis: FD 17 Mar 1994
Originating summons in the inherent jurisdiction of the High Court asking for an order granting permission to interview two young girls, represented by CAFCASS Legal. The third defendant is the children’s mother, NP. The local authority in which the children and their mother reside, Manchester City Council, has also been represented as an interested party. … Continue reading Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007
When considering contact applications after domestic violence, the approach should be child centred, and according to the criteria in the Act. The circumstances of the violence should be looked into, and the potentially damaging effect of contact with a violent parent should not be underestimated. The parent’s possible contribution to the child and facing up … Continue reading In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 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
Appeal against an order made after an agreement within the family that the children should live with the paternal grandmother.
Orse In re W (Parental Agreement with Local Authority)
The mother had placed her three children with their . .
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Even though a local authority had obtained an interim care order in an application for the child to be committed to its care, that did not prevent the unmarried mother entering into a parental responsibility agreement with the child’s father. The children were subject to interim orders, and the plan was to place them for … Continue reading In Re X (Minors) (Care Proceedings: Parental Responsibility): FD 7 Jan 2000
A notice of motion to a judge in the Family Division was the correct procedure for challenging a refusal by magistrates either to remit arrears of periodical payments for children, or to vary the existing order. An appeal to the county court was not the correct thing to do. Citations: Times 08-Dec-1992 Statutes: Children Act … Continue reading S v S: FD 8 Dec 1992
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 ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
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
Citations: [2009] EWCA Civ 942 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 06 December 2022; Ref: scu.374697
The court was asked whether the Claimant became a ‘looked after child’ as defined in Section 22(1) of the 1989 Act. Citations: [2009] 1 FLR 493, [2009] Fam Law 14, (2009) 12 CCL Rep 59, [2009] PTSR CS35, [2008] EWHC 2551 (Admin) Links: Bailii Statutes: Children Act 1989 22(1) Jurisdiction: England and Wales Children Updated: … Continue reading Collins v Knowsley Metropolitan Borough Council: Admn 29 Oct 2008
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 mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
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
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Citations: [2006] EWHC 1912 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21, National Health Service and Community Care Act 1990, Children Act 1989 Jurisdiction: England and Wales Housing, Benefits, Children, Local Government Updated: 14 November 2022; Ref: scu.244123
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but … Continue reading Waple v Surrey County Council: CA 17 Dec 1997
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
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
Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property. … Continue reading In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 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 claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
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 claimant had had foster care of two children. They were with temporary respite placements when the respondent decided to place in a different foster setting but without consulting the claimant or otherwise giving him notice. Held: (ex tempore) The request was granted. There was no general duty at common law to consult with a … Continue reading Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010
Application by a local authority for permission to withdraw care proceedings pursuant to FPR 1991 4.5; it is supported by the parents and by W (a party in his own right). The guardian advocates that no order should be made in this case but is less confident in (but does not seek to oppose) withdrawal … Continue reading WSCC v M and Others: FD 30 Jul 2010
Judges: Ouseley J Citations: [2008] EWHC 1294 (Admin) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 22 August 2022; Ref: scu.270054
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
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
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact and to face up to it honestly. If we do not we risk … Continue reading F v M: FD 1 Apr 2004
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The mother appealed against a residence order granting the father equal time with the child, saying that she wished to move away. Held: Wall LJ examined the authorities.Wall LJ P said: ‘In twenty years time it will not matter a row of beans whether or not L spent x or y hours more with one … Continue reading ETS v BT; in re T (A child); In Re L (a child) (internal relocation: shared residence order: CA 28 Jan 2009
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
A supervision order had been made for twelve months. There was a concern at contact with the mother’s mother’s partner. The father appealed refusal of an order extending the period to three years. Held: Such an order was permissible. Judges: Lord Justice Thorpe, Lady Justice Arden and Lord Justice Hughes Citations: [2008] EWCA Civ 199, … Continue reading T (A Child) v Wakefield Metropolitan District Council: CA 19 Mar 2008
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 date for consideration of whether the first or second threshold criteria had been met for care was when application made, or if continuous temporary arrangements for care made, from the date those arrangements were installed. Consistency between limbs was required. Citations: Gazette 26-Aug-1998, Times 29-Jul-1998, Gazette 16-Sep-1998 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England … Continue reading Southwark London Borough Council v B and Others: FD 29 Jul 1998
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. The order now appealed continued that. The father said that the court had wrongly interfered … Continue reading Morgan v Hill: CA 28 Nov 2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006