Re J, (In The Matter of The Children Act 1989): FC 12 Jan 2021
Judges: HHJ Lynch Citations: [2021] EWFC B3 Links: Bailii Jurisdiction: England and Wales Children Updated: 27 September 2022; Ref: scu.659477
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
Care proceedings Judges: Floyd, King , Moylan LJJ Citations: [2019] EWCA Civ 1714, [2019] WLR(D) 566 Links: Bailii, WLRD Jurisdiction: England and Wales Children Updated: 31 August 2022; Ref: scu.642662
Guidance was given on expert medical evidence in children cases and administrative procedures. Citations: Ind Summary 23-Jan-1995 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85744
Citations: [1999] EWCA Civ 1980 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 31 May 2022; Ref: scu.146895
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
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
[2015] EWFC B149 Bailii Children Act 1989 20 Children Updated: 04 January 2022; Ref: scu.552434
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
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
References: [2015] EWFC B149 Links: Bailii Statutes: Children Act 1989 20 Last Update: 05-Oct-15 Ref: 552434
Grandparents with care of child need leave to apply for contact after child in care. Citations: Ind Summary 15-May-1995 Statutes: Children Act 1989 34 Jurisdiction: England and Wales Children Updated: 21 January 2023; Ref: scu.85827
Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted. Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside. Citations: [2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 … Continue reading Re MA and Others (Children): CA 31 Jul 2009
Contact order pending adoption was a final order not variable as continuing. Citations: Times 15-Feb-1995 Statutes: Children Act 1989 8(3) Jurisdiction: England and Wales Children Updated: 09 December 2022; Ref: scu.81799
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The appellant was father of a child. A parental responsibility agreement was in place. After difficulties, he applied for contact to be re-established, and for the child’s name to be altered to include his own hyphenated with the mother’s. He appealed the refusal of the latter. Held: The question should be resolved within the framework … Continue reading Re C (a Minor): CA 9 Dec 1998
When a child in care applied for leave to change his surname, the court should allow for the age of the child applying the Gillick competence test, and the views of a guardian ad litem, and scrutinise carefully the motives of someone who sought to oppose the application. Judges: Thorpe LJ, Mummery LJ Citations: Gazette … Continue reading In Re S (A Minor) (Change of Surname): CA 15 Dec 1998
The father sought leave to appeal an order refusing him access to his children, and order made under section 91 restricting further applications. The court welfare officer had been strongly against supervised contact because of the father’s inconsistent behaviour. The mother was utterly against and completely opposed to any form of direct contact. A psychiatrist … Continue reading T-T (Minors): CA 13 Nov 1998
It ws improper to attach domestic violence type orders to an injunction within Children Act proceedings for contact. Citations: Gazette 23-Jul-1997 Statutes: Children Act 1989 11(7) Jurisdiction: England and Wales Children Updated: 26 November 2022; Ref: scu.81822
Citations: [2001] EWCA Civ 1305, [2001] 3 FCR 164, [2001] 3 FCR 164 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Cited by: Cited – Kent County Council v G and others HL 24-Nov-2005 A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended … Continue reading C (Children), Re (Residential Assessment): CA 4 Jul 2001
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
Citations: [1986] 2 FLR 429 Jurisdiction: England and Wales Cited by: Cited – Re H (A Minor) (Shared Residence) CA 1-Dec-1992 The court considered the possibility of making a joint residence order. Purchas LJ said: ‘That such an order is open to the court, as has been said in the judgment of Cazalet J, is … Continue reading Riley v Riley: 1986
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
An application for leave to apply under the Act by a person subject to an order under section 91 should be made inter partes. Judges: Thorpe LJ Citations: [1998] 1 FLR 1 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – In re S (Permission to seek relief); In re E … Continue reading In re A (Application for leave): CA 1998
The mother had two children but the father had left. Referrals were made over a long period with regard to her drug abuse and violence. She then had a child by a sixteen year old boy. The two older children were placed with their father under interim orders, and the youngest was fostered. The judge … Continue reading In re R (Care Proceedings: Adjournment): CA 1998
The mother suffered a long term obsessional disorder, and whilst hospitalised, bore a child, who then spent much time in care. The mother planned to marry a man with a history of child sexual abuse. The authority applied for care with a view to adoption. The experts could not predict her recovery within two years. … Continue reading Re J (Care Rehabilitation Plan): CA 1998
A parent challenging a child’s lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed. Citations: Times 02-Feb-1998 Statutes: Children Act 1989 Jurisdiction: England and Wales Cited by: Cited – In Re T (A Minor)(Change of Surname) FD 8-Jul-1998 A child’s surname should … Continue reading In Re C (A Minor) (Change of Name): CA 2 Feb 1998
The father sought leave to appeal a care order and an order releasing his child for adoption. Held: The court applied Re W as to the extent of the duty of the appellate court in such matters. The appeal would stand no reasonable prospect of success. Leave was refused. Judges: Wall LJ Citations: [2007] EWCA … Continue reading Re F and H (Children): CA 24 Aug 2007
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
The Court was wrong to phase out contact between a child and his mother inconsistently with the Local Authority’s plan. Citations: Times 19-Feb-1997, Gazette 05-Mar-1997, [1997] EWCA Civ 953 Statutes: Children Act 1989 34(2) Jurisdiction: England and Wales Children Updated: 05 November 2022; Ref: scu.141349
Review of authority to terminate contact after change and some re-investigation. Citations: Times 01-Jan-1997 Statutes: Children Act 1989 34(4) Jurisdiction: England and Wales Children Updated: 04 November 2022; Ref: scu.82228
The court took the opportunity to emphasise the importance of parental responsibility as an incident of family life. McFarlane LJ said: ‘Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and … Continue reading In re W (Children) (Direct Contact): CA 24 Jul 2012
Power to restrain applications for contact not to be used save for oppression. Citations: Gazette 15-Mar-1995 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85774
The court may not order a Local Authority having care of child to obtain a psychiatric report. Citations: Times 13-Apr-1995 Statutes: Children Act 1989 7 Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.81614
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995
Waite LJ: ‘It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general pronciple that a child should grow up in the knowledge of both his … Continue reading In Re D (a Minor) (Contact: Mother’s Hostility): CA 1993
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
Appeal against order as to media arrangements for fact finding hearing.McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court … Continue reading Re W (Children): CA 25 Feb 2016
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to separate from the assumed perpetrator. Held: The mother had now taken the step of breaking free. … Continue reading In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence): CA 27 Aug 2004
Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)A person detained as a juvenile in need of educational supervision should not be detained in a prison where no education is available. The applicant’s successive placements in a remand prison, by way of … Continue reading Bouamar v Belgium: ECHR 29 Feb 1988
The mother JJ’s first baby had died after physical abuse inflicted either by her or the father. In care proceedings for a later child, the judge concluded ‘T-L’s injuries could have been inflicted by either, or both, of them. Singling out a likely perpetrator does not help this couple because it must be debatable as … Continue reading In re J (Children): CA 3 Apr 2012
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006
TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Judges: Sir Nicholas Wall P, Moore-Bick, Black LJJ Citations: [2011] EWCA Civ 812 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 16 September 2022; … Continue reading In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner had accepted an offer to work as GPs on Stronsay. Held: The … Continue reading In re F (Children): CA 27 Oct 2010
The father appealed against orders made in the county court in the course of child contact enforcement proceedings. He had residence of the child, but had repeatedly failed to make his son available for contact at the times ordered causing financial loss to the mother who had travelled to see him. Held: With minor exceptions, … Continue reading Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 2010
Judges: Thorpe, Wall, Patten LJJ Citations: [2009] EWCA Civ 1405, [2010] 1 FCR 305, (2010) 112 BMLR 101, [2010] Fam Law 235 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 11 August 2022; Ref: scu.392511
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 House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the negligence or other torts committed by the contractor in the course of the execution of the work. … Continue reading D and F Estates v Church Commissioners for England: HL 14 Jul 1988
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
Three elder brothers and sisters of Z had been taken into care after one suffered serious non-accidental injury. Before Z’s birth the authority planned for a placement, but had stayed with her parents for nearly a year subject to supervision in the hope that she could stay there. The evidence was that she could not … Continue reading The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008
The father sought to withdraw his application for contact, but the court took the opportunity to explain some points relating to contact disputes. Held: Such disputes engender very deep feelings. Courts must ensure contact with both parents save when absolutely necessary. Joint residence order should be more widespread, but they were not the default order. … Continue reading The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003
The court considered an application for a residence order as between same sex parents where the child was born after artificial insemination. Judges: Thorpe, Tuckey, Arden LJJ Citations: [2005] EWCA Civ 462, [2005] 2 FLR 957, [2006] 1 FCR 436 Links: Bailii Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 24 July … Continue reading Re G (Children): CA 6 Apr 2005
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
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: ‘ . . it does seem to … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998
Application for leave to appeal – adjourned for two man court. Judges: Wilson LJ Citations: [2007] EWCA Civ 65 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.248393
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
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 Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ deficiencies had had ‘subtle and ambiguous consequences’ for the children. Such consequences could not amount to significant … Continue reading Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006
The mother appealed an order that her younger son be placed in care and freed for adoption. Hers and her children’s lives had been chaotic. Nevertheless she complained that she had not been given the opportunity to demonstrate her ability to care for her son. She sought an assessment under s38(6). The judge had concluded … Continue reading In re K (Children): CA 27 Jul 2005
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003
‘Mrs S is the maternal aunt of three children E, born in 1992; S, born in 1993 and T born in 1997 to her sister, who sadly has a history of mental illness. The only issue that I have to review this morning is the management of an application which she made for leave to … Continue reading Re G (Children): CA 14 Sep 2001
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
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 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
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which … Continue reading Bryant v Housing Corporation: CA 21 May 1998
The state must act in a manner calculated to allow those concerned to lead a normal family life. Citations: (1986) 49 DR 67 Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; … Continue reading Z and E v Austria: ECHR 1986
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 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
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
The section was to be given a wide interpretation. Citations: [1981] 1 WLR 854 Statutes: Child Care Act 1980 2(1) Cited by: Cited – 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 The applicants … Continue reading Attorney General ex rel Tilley v Wandsworth London Borough Council: 1981
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
A court should order the police to divulge the address of a child in contact cases where they are re-assured that the child is not at risk, but, for example, domestic violence may have occurred. An officer cannot promise confidentiality but his views should be respected. Citations: Gazette 09-Sep-1998, Gazette 16-Sep-1998, Times 24-Aug-1998 Statutes: Children … Continue reading S v S (Chief Constable of West Yorkshire Police Intervening): CA 9 Sep 1998
Where a supervision order was sought by local authority in respect of allegations made which were awaiting trial, and an order could be made before the criminal findings where enough was admitted by the carer to support the need for a supervision order. Citations: Gazette 01-Jul-1998 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales … Continue reading Re B (Threshold Criteria): CA 9 Jun 1998
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
The fact that a child was born abroad and remained abroad did not stop the court having jurisdiction to make a parental responsibility order. Citations: Times 27-May-1998, Gazette 28-May-1998 Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 10 May 2022; Ref: scu.82170
An option to take a tenancy of a property was not sufficient to constitute ‘premises’ for the Act. The section presupposed existence of premises which could be inspected and approved, and on which a registration could be based Citations: Gazette 25-Nov-1998 Statutes: Children Act 1989 71(1)(b) Jurisdiction: England and Wales Licensing Updated: 10 May 2022; … Continue reading Jenkins v Essex County Council: FD 25 Nov 1998
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
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
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 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