Search Results for: Children Act 1989 Part III

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In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993

No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993

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

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

Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994

Local Authority is under no obligation to provide permanent housing for a family with children save as provided under the Act. The Children Act not to be used as a way around homelessness decisions and rules. A Social Services request to house children did not revive any claim made on behalf of the family as … Continue reading Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994

Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993

A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority’s area in general. The other duties and the specific duties which then follow must … Continue reading Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993

Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child’s long terms interests could properly be served by such assistance. Citations: Times 31-Dec-1998, Gazette 13-Jan-1999 Statutes: Children Act 1989 Part III Children, … Continue reading Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995

A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995

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 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

Waple v Surrey County Council: CA 17 Dec 1997

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

Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006

The court examined ‘a short but important point on the inter-relationship between the provisions of Part III of the Children Act 1989, headed ‘Local Authority Support for Children and Families’, and the homelessness provisions of Part VII of the Housing Act 1996, in particular sections 188 and 189, headed ‘Interim duty to accommodate”. Judges: Walll … Continue reading M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

C, Regina (on the Application of) v Secretary of State for Justice: CA 28 Jul 2008

The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody. Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules would have infringed the human rights of the children to whom such restraint was to … Continue reading C, Regina (on the Application of) v Secretary of State for Justice: CA 28 Jul 2008

M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008

M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards children aged 16 and 17 without support from their families. The 1989 Act referred to … Continue reading M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008

M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Loizidou v Turkey: ECHR 23 Mar 1995

(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995

Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

S and J, Regina (on The Application of) v The London Borough of Haringey: Admn 28 Oct 2016

Application for judicial review of a decision by the London Borough of Haringey that the Claimants were not children in need for the purposes of Part III of the Children Act 1989 Neil Cameron QC [2016] EWHC 2692 (Admin) Bailii England and Wales Children, Immigration Updated: 24 January 2022; Ref: scu.570551

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

A Local Authority v W and Others (Application for Summary Dismissal of Findings): FC 2 Jun 2020

No summary dismissal of Care action allegations The Court was asked: ‘i) Does the court have power at the case management stage to summarily dismiss disputed findings sought by a local authority against a parent in proceedings under Part IV of the Children Act 1989 independent of its case management powers under the Family Procedure … Continue reading A Local Authority v W and Others (Application for Summary Dismissal of Findings): FC 2 Jun 2020

A v East Sussex County Council and Chief Constable of Sussex Police: CA 2 Jul 2010

A appealed against the dismissal of her claim for damages under the 1998 Act after the defendants had taken action anticipating possible abuse of her baby child. The baby had been returned after the suspicions were allayed. She complained that the respondents had acted under section 46, avoiding the need to test their suspicions at … Continue reading A v East Sussex County Council and Chief Constable of Sussex Police: CA 2 Jul 2010

Re L (Care: Threshold Criteria): FD 2007

Toleration of Diverse Parenting Standards Hedley J considered the meaning of ‘significant harm’: ‘What about the court’s approach . . to the issue of significant harm? In order to understand this concept and the range of harm that it’s intended to encompass, it is right to begin with issues of policy. Basically it is the … Continue reading Re L (Care: Threshold Criteria): FD 2007

X Council v B (Emergency Protection Orders): FD 16 Aug 2004

Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points: (i) An EPO, summarily removing a child from his parents, is a ‘draconian’ and ‘extremely harsh’ measure, requiring … Continue reading X Council v B (Emergency Protection Orders): FD 16 Aug 2004