Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of trustees of the school itself had liability, and whether in the transfer to … Continue reading Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010
A Taxing Master’s refusal of a certificate for point of principle on taxation is reviewable. Henry LJ: ‘Counsel for the Taxing Master conceded that such a jurisdiction existed but submitted that it should be restricted to cases where there had been a real injustice. I agree with both that concession and, in general terms, with … Continue reading Regina v Supreme Court Taxing Office Ex Parte John Singh and Co: QBD 3 May 1995
Justices have no power, when commit a child to the care of a Local Authority to specify at the same time, where the child was to reside. Citations: Gazette 08-Feb-1995, Times 01-Dec-1994 Statutes: Children and Young Persons Act 1969 23 Children, Criminal Sentencing Updated: 15 May 2022; Ref: scu.79217
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
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The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been ‘begun’ in any court for the section Saville LJ, said: ‘We were referred to a number of authorities which considered somewhat similar provisions, but … Continue reading Director of Public Prosecutions v Cottier: QBD 22 Feb 1996
A failure to notify a Local Authority of a youth’s prosecution was not fatal to case. The requirement to do so was directory only. Citations: Gazette 01-May-1996, Times 11-Apr-1996 Statutes: Children and Young Persons Act 1969 5 Jurisdiction: England and Wales Criminal Practice Updated: 11 May 2022; Ref: scu.87277
The remand of a young person to prison is to be used protect the public not to prevent the commission of offences. Citations: Times 03-May-1995 Statutes: Children and Young Persons Act 1969 23(5) Criminal Sentencing Updated: 09 April 2022; Ref: scu.86489
A baby was taken into care suffering from drug withdrawal symptoms from birth. On a literal reading of the phrase, ‘baby’s heath is being impaired’, the statutory test could never be met on the particular facts of the case.
Held: The phrase . .
The local authority sought to terminate parental contact with a child taken into care under a wardship. Held: The court had to consider the human rights of the parent as against the welfare interest of the child. Lord Oliver of Aylmerton said: ‘My Lords I do not, for my part, discern any conflict between the … Continue reading In Re KD (A Minor) (Ward: Termination of Access): HL 1988
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
