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 Rules 2010?
ii) If the court does have such a power, should it be exercised in the circumstances of this case?
iii) If the court does not have such a power, should the court in any event decide and direct, pursuant to its case management powers under the FPR 2010, that it is not necessary for certain of the disputed findings sought by the local authority against the parents in these proceedings to be adjudicated by the court?’
Held: FPR 2010 expressly prohibited the striking out of a statement of case with respect to children proceedings and contained no power to order summary judgment. No alternative power could be used to circumvent that prohibition.
Case management required an identification of which issues needed determination, and the Local Authority had properly set out those factual issues.
Mr Justice MacDonald
[2020] EWFC 40, [2020] WLR(D) 327, [2020] 4 WLR 83
Bailii, WLRD
Children Act 1989 38, Family Proceedings Rules 2010
England and Wales
Children
Updated: 01 November 2021; Ref: scu.651690
