Category: Children

Re C (a Minor): CA 9 Dec 1998

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 of the 1953 Act. The judge had properly considered the issues, and his decision was well within his discretion, and would not be set aside.

Judges:

Lord Justice Thorpe Lord Justice Buxton

Citations:

[1998] EWCA Civ 1935

Statutes:

Children Act 1989 4, Birth and Registration Act 1953

Jurisdiction:

England and Wales

Children

Updated: 30 November 2022; Ref: scu.145414

In Re S (A Minor) (Change of Surname): CA 15 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 13-Jan-1999, Times 29-Dec-1998, [1998] EWCA Civ 1950

Statutes:

Children Act 1989 33 33(7)

Jurisdiction:

England and Wales

Children

Updated: 30 November 2022; Ref: scu.82161

Re C (A Child): CA 24 Mar 2015

After the conclusion of very long running litigation between mother and father as to the upbringing of their child, the court now considered the publication of its judgment.
Held: The exercise of discretion concerning the publication of the judgment will be a simple case management decision to be taken at the conclusion of the judgment, and following a broad consideration of the applicable principles with basic reasons.

Judges:

Sullivan, McFarlane LJJ, Blake J

Citations:

[2015] EWCA Civ 500

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – H v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Media

Updated: 30 November 2022; Ref: scu.547526

Sampanis and Others v Greece: ECHR 8 Aug 2011

Resolution as to execution of judgment

Citations:

32526/05, [2011] ECHR 1637

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Appeal from – Sampanis v Greece ECHR 5-Jun-2008
The Greek authorities failed to enrol in school a group of Greek children of Roma origin who were receiving no formal education for an entire academic year. Over 50 children were subsequently placed in special classes in a school annex which was . .

Cited by:

Cited – O’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Education

Updated: 27 November 2022; Ref: scu.445716

Re KK (A Child); London Borough of Lambeth v TK: CA 21 Feb 2008

The court was asked when, an investigation by a local authority under the section having concluded that the person at issue was not a child, the court should consider the issue further.

Judges:

Lord Justice Wilson

Citations:

[2008] EWCA Civ 103

Links:

Bailii

Statutes:

Children Act 1989 37

Jurisdiction:

England and Wales

Children

Updated: 27 November 2022; Ref: scu.264654

T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002

Whether it is appropriate for a court to make an order pursuant to section 39 of the Children and Young Persons Act 1933 to confer anonymity on children or young persons in respect of whom an anti-social behaviour order has been made pursuant to section 1 of the Crime and Disorder Act 1998.

Citations:

[2002] EWHC 1129 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Children

Updated: 27 November 2022; Ref: scu.227939

Regina v Sheppard: HL 1981

The section made it an offence for anyone having care of a child to wilfully neglect the child ‘in a manner likely to cause him unnecessary suffering or injury to health’.
Held: The section speaks of an act or omission that is ‘likely’ to cause unnecessary suffering or injury to health. This word is imprecise. It is capable of covering a whole range of possibilities from ‘it’s on the cards’ to ‘it’s more probable than not’, but having regard to the ordinary parent’s lack of skill in diagnosis and to the very serious consequences which may result from failure to provide a child with timely medical attention, it should be understood as excluding only what would fairly be described as highly unlikely.
Lord Diplock: ‘To ‘neglect’ a child is to omit to act, to fail to provide adequately for its needs; and, in the context of section 1 of the Children and Young Persons Act 1933, its physical needs rather than its spiritual, educational, moral or emotional needs. These are dealt with by other legislation.’

Judges:

Lord Diplock

Citations:

[1981] AC 394

Statutes:

Children and Young Persons Act 1933 1

Jurisdiction:

England and Wales

Citing:

Doubted – Oakey v Jackson 1914
. .

Cited by:

Doubted – Regina v Wills CACD 1990
The words of a statute must be construed in their context but the interpretation of ‘likely’ [in Sheppard] seems very strained. If it only excludes what is ‘highly unlikely’ it includes what is merely ‘unlikely’; ie, the result is ‘likely’ to occur . .
Cited – Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to . .
Cited – Attorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died.
Held: The trial took place before R -v- G which had overruled Caldwell. The . .
Cited – 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 . .
Cited – L, Regina (on the Application of) v Commissioner of Police of the Metropolis Admn 19-Mar-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 . .
Lists of cited by and citing cases may be incomplete.

Crime, Children

Updated: 27 November 2022; Ref: scu.182932

Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998

The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 Act did not limit its effects to adults. A minor may not have capacity to own a legal estate, but may have an equitable tenancy. The Settled Land Act operated to create a trust and a settlement for the interest to be held for a child. Minors are capable of being persons in housing law. A minor can hold an equitable tenancy of any property, including a council house.

Judges:

Roch LJ, Hale DBE J

Citations:

[1998] EWCA Civ 1891, (1999) 31 HLR 794

Statutes:

Housing Act 1985 79 87 113(1), Law of Property Act 1925 1(1), Settled Land Act 1925 27(1)

Jurisdiction:

England and Wales

Citing:

Cited – Portman Registrars v Mohammed Latif 1987
A minor can succeed to a statutory tenancy under the Rent Acts. A statutory tenancy is not an interest in land and a minor does have the capacity to contract for necessaries such as lodging. . .
Cited – Regina v London Borough of Tower Hamlets ex parte Von Goetz CA 8-Oct-1998
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. . .
Cited – Kelly v Monklands District Council 1986
A local authority’s housing duties may be owed to a child if that child is living independently of its parents. . .
Cited – Hypo-Mortgage Services Limited v Robinson and Another CA 17-Nov-1996
The court refused parents leave to appeal against a mortgage possession order, rejecting their argument that children living with them had a beneficial interest in the mortgaged premises and were thus ‘in actual occupation’ so as to have overriding . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Trusts

Updated: 27 November 2022; Ref: scu.145370

C (a Minor): CA 13 Nov 1998

The father sought a parental responsibility order and contact. The mother and father were unmarried. Contact was ordered, and the mother sought leave to appeal. The mother had made allegations of inappropriate sexual behaviour by the father. The judge found that what was proved was not directed at the child.
Held: The father would have to accept a longer period of structured contact first, and that his behaviour raised concerns in the mother’s mind which it was for him to allay. Contact was varied to extend the period of contact in the contact centre, and sent back for review by a senior family court in the future.

Judges:

Lady Justice Butler-Sloss Lord Justice Buxton

Citations:

[1998] EWCA Civ 1766

Jurisdiction:

England and Wales

Children

Updated: 27 November 2022; Ref: scu.145245

T-T (Minors): CA 13 Nov 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 considered that contact was in the children’s interests.
Held: The order had been made within the judge’s range of discretion, and the father’s appeal had no prospect of success. Leave refused.

Judges:

Lord Justice Hirst Mr. Justice Cazalet

Citations:

[1998] EWCA Civ 1774

Statutes:

Children Act 1989 91(14)

Jurisdiction:

England and Wales

Children

Updated: 27 November 2022; Ref: scu.145253

RK and AK v The United Kingdom: ECHR 18 Oct 2005

The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her claim in negligence against the hospital doctor ill founded on the basis that the doctor who had failed to diagnose the condition owed the mother no duty of care.
Held: It was clear that the removal of the child was an interference with the claimants’ right to family life. It was however in accordance with domestic law, and that that law had a legitimate aim. The issue was as to its necessity. ‘mistaken judgments or assessments by professionals do not per se render child-care measures incompatible with the requirements of Article 8. The authorities, medical and social, have duties to protect children and cannot be held liable every time genuine and reasonably-held concerns about the safety of children vis-a-vis members of their families are proved, retrospectively, to have been misguided.’ The provisions were necessary, and no breach was found.

Judges:

L Garlicki, President,and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, D. Thor Bjorgvinsson, P. Hirvela and L. Bianku Section Registrar L

Citations:

38000/05, [2008] ECHR 950, [2008] ECHR 1889, [2002] ECHR 717, [2010] ECHR 577

Links:

Bailii, Times, Bailii, Bailii, Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Local Government, Children

Leading Case

Updated: 27 November 2022; Ref: scu.276648

A (A Child) (Change of Residence): CA 15 Jun 2007

The mother wished to appeal against an order made to transfer the custody of a child to the father.
Held: Counsel had applied for a limited stay of the order, but parties must be aware that judges in the court of appeal were always available to here an urgent application for a stay. Here the order had already been implemented, and it would now be wrong to consider criticisms of the judgment.

Citations:

[2007] EWCA Civ 899, Times 27-Jun-2008

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 26 November 2022; Ref: scu.259305

C (Children), Re (Residential Assessment): CA 4 Jul 2001

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 a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 26 November 2022; Ref: scu.201218

In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure): CA 8 Oct 1998

In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was inappropriate to allow the disclosure of the identity of a person found to have committed sexual abuse, in the context of child care proceedings, without a pressing need. Here there was no statutory duty on local authority to disclose, and no continuing investigation.
Butler-Sloss LJ: ‘Although the facts in the [AB] case are entirely different from those in the present appeals, the caution urged by the Master of the Rolls that ‘disclosure should only be made when there is a pressing need’ is of general application . . ‘

Judges:

Butler-Sloss LJ

Citations:

Times 09-Oct-1998, Gazette 25-Nov-1998, [1999] 1 WLR 299, [1998] EWCA Civ 1502, [1999] 1 FLR 267

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – In Re L (Minors) (Sexual Abuse: Disclosure) FD 9-Oct-1997
A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived. . .

Cited by:

Appealed to – In Re L (Minors) (Sexual Abuse: Disclosure) FD 9-Oct-1997
A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived. . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children, Litigation Practice

Updated: 25 November 2022; Ref: scu.144981

Re G (A Child): CA 21 Feb 2008

The court considered an appeal against an order allowing a child to be taken to the US for adoption.

Citations:

[2008] EWCA Civ 105, [2008] Fam 97, [2009] 1 FCR 210, [2008] 1 FLR 1497, [2008] Fam Law 502, [2008] 3 WLR 853, [2008] 1 FLR 1484

Links:

Bailii

Statutes:

Adoption and Children Act 2002 84(1)

Jurisdiction:

England and Wales

Children, Adoption

Updated: 24 November 2022; Ref: scu.264653

In re F (Children) (Declaration of Paternity): CA 25 Jul 2007

The mother appealed a decision that the court had power to decide whether the child should be told of its paternity.
Held: J -v- C had been dealing with particular procedural issues. The Family justice system in its protective function was entitled to take responsibiliity for deciding whether a child should be told of his paternity. The discretion might be exercised either way according to the crcumstances and interests of the child.

Judges:

Thorpe LJ, LLoyd LJ, Toulson LJ

Citations:

Times 06-Aug-2007, [2007] EWCA Civ 873

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – J v C CA 1-Jun-2006
Wall LJ said that section 8 was not to be used by courts to take authority over when a child was to be informed as to the identity of his father. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 24 November 2022; Ref: scu.259154

Soucie v Soucie: 1995

After noting the approval of In re N in Perrin the court added: ‘Furthermore the question of settlement had to be considered in the context of the spirit of the Convention whereby the fundamental duty of the court is to order a return of the child to the proper jurisdiction when there has been a wrongful removal or retention.’ The court considered whether any discretion remained to make an order after the one year period under Art 18: ‘Such a balancing exercise may be appropriate when considering the discretionary powers of the court under Article 18, which will come into play if the proviso to Article 12 is established or indeed if any of the matters contained in Article 13, which will come into play if the proviso to Article 12 is established or indeed if any of the matters contained in Article 13 are established.’ and ‘We should add that we were addressed on the matter of discretion which would have arisen under Article 18 if we had been satisfied that either of the main issues should be decided in favour of the respondent.’

Citations:

(1995) SLT 414

Statutes:

Child Abduction and Custody Act 1985 5

Jurisdiction:

England and Wales

Citing:

Cited – Re N (Minors) (Abduction) FD 2-Jan-1991
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal . .
Cited – Perrin v Perrin IHCS 1994
. .

Cited by:

Cited – Cannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
Lists of cited by and citing cases may be incomplete.

Scotland, Children

Updated: 24 November 2022; Ref: scu.219158

Wellesley v Duke of Beaufort: 1827

A member of Parliament claimed parliamentary immunity from the consequences of having abducted his child.
Held: The court discussed the origins of the court’s inherent jurisdiction over children and the infirm. Lord Eldon LC said: it belongs to the King as parens patriae, having the care of those who are not able to take care of themselves, and is founded on the obvious necessity that the law should place somewhere the care of individuals who cannot take care of themselves, particularly in cases where it is clear that some care should be thrown around them.’

Judges:

Lord Eldon LC

Citations:

(1827) 2 Russ 1

Jurisdiction:

England and Wales

Cited by:

See Also – Wellesley v The Duke Of Beaufort; Mr Long Wellesley’s Case 28-Jul-1831
A member of Parliament asserted parliamentary immunity from the consequences of having abducted his child. Lord Brougham LC said: ‘how incumbent it is upon the courts of law to defend their high and sacred duty of guarding the lives, the liberties, . .
Cited – Chaytor and Others, Regina v SC 1-Dec-2010
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 24 November 2022; Ref: scu.200664

Re Z (A Minor) (Freedom of publication): 1996

Citations:

(1996) 1 FLR 19

Jurisdiction:

England and Wales

Cited by:

Cited – Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening CA 5-Jul-2004
The applicant sought an order that his application for a joint residence order should be held in public.
Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come . .
Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 24 November 2022; Ref: scu.198583

T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013

The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts.
Held: In the particular circumstances there was a breach of the 1933 Act, but not otherwise.

Judges:

Sir John Thoma P QBD, Cranston J

Citations:

[2013] EWHC 1119 (Admin)

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 31, European Convention on Human Rights 8, Equality Act 2010 149

Jurisdiction:

England and Wales

Children, Human Rights, Magistrates

Updated: 23 November 2022; Ref: scu.503472

Riley v Riley: 1986

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 clear from the provisions of section 11(4) of the Children Act 1989, . .
Cited – In re AR (A Child: Relocation) FD 10-Jun-2010
Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order.
Held: The court pointed to the real difficulties always . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 November 2022; Ref: scu.417784

Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no reasonably proportionate relationship between the means employed and the legitimate aim being pursued.

Citations:

64927/01, [2003] ECHR 688, [2003] ECHR 693, (2005) 41 EHRR 9, [2004] 2 FLR 810

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Palau Martinez v France ECHR 15-Sep-2010
. .
Cited – Johns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 23 November 2022; Ref: scu.277274

In re M-M (A Child): CA 16 May 2007

There had been an unexplained injury to the child. A doctor who had been instructed to advise on whether or not a child suffered from osteogenesis imperfecta recommended an expensive test to confirm his diagnosis. The judge refused to order the test.
Held: The appeal failed. Thorpe LJ said: ‘In the present case, the doctors were not expressing a medical opinion on clinical grounds and insofar as they ventured an opinion on what was forensically required, they were trespassing onto judicial territory. The discretion of the judge in taking case management decisions is particularly generous. The judge here clearly decided that enough was enough, and enough had been achieved in Professor Patton’s considered view that in this particular child osteogenesis imperfecta was extremely unlikely. The judge clearly placed considerable emphasis on the fact that the expensive blood test which was urged upon her had been demonstrated to establish osteogenesis imperfecta in cases where there were no other clinical signs in only one percent of three hundred cases researched. The judge also attached weight to the fact that testing for osteogenesis imperfecta is only 90 percent accurate.
So this seems to me not only a permissible decision but a wise decision. There has to be a point at which the garnering of evidence is sufficiently full and thorough to enable the court to arrive at a conclusion, even on the elevated balance of probabilities standard of proof. It seems to me that Miss Wiley’s argument comes close to saying that no stone must be left unturned. I do not accept that. The value to be derived from submitting this child to what is an invasive investigation was too small to justify the considerable cost both in cash and in time. I have no hesitation at all in upholding the judge’s conclusion.’

Judges:

Thorpe, Gage, Toulson LJJ

Citations:

[2007] EWCA Civ 589

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re W (A Child); AW v SW CA 30-Oct-2008
The father sought leave to appeal against an order made on his application for contact. The mother appeared to have encouraged great hostility in the children toward the father. The court had decided that the children were aroaching ages when they . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 November 2022; Ref: scu.253685

Regina (T) v Enflield London Borough Council: 2005

Citations:

[2005] 3 FCR 55

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (A) v Liverpool City Council QBD 26-Jun-2007
The applicant sought judicial review of the authority’s decision that he was over the age of eighteen.
Held: Review was granted. The authority had to have regard to all the relevant information, and could not limit itself to adopting the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 November 2022; Ref: scu.258524

Re J (A Child): CA 20 Nov 2001

renewed application for permission to appeal – application for contact in a case where there had been a history of violence within the home, an issue that had been explored in part by the court welfare officer and which had led to periods of supervised contact in preparation for trial.

Citations:

[2001] EWCA Civ 1813

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 23 November 2022; Ref: scu.201495

El Ali v Secretary of State for the Home Department; Daraz v Same, United Nations High Commissioner for Refugees, intervening: CA 26 Jul 2002

The applicants contended that as children of Palestinian Arabs who were entitled to be treated as asylum applicants, they were to be treated on the same basis. The Immigration Appeal Tribunal had decided that they had to establish such entitlement themselves.
Held: The entitlement was not ‘inherited’ but had to be established for the children in their own right. This opinion contradicted that of the UN High Commissioner for Refugees, but had been reached after careful consideration, and was correct.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice May and Lord Justice Laws

Citations:

Times 12-Aug-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1103, [2003] 1 WLR 95, [2003] Imm AR 179

Links:

Bailii

Statutes:

United Nations Convention Relating to the Status of Refugees 1951 (Cmd 9171) 1D

Jurisdiction:

England and Wales

Immigration, Children

Updated: 23 November 2022; Ref: scu.174695

In the Matter of B (Minors): CA 22 Jul 1998

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 parents with a view to improving their prospects of providing good parenting rather than a programme of assessment.’ He went on: ‘Essentially Dr Baker was offering a treatment programme that would address the parents’ disabilities rather than a programme to assess anything in relation to the child . . ‘ Hobhouse LJ: ‘ . . there is a distinction to be drawn between matters which involve the child alone or the child/parent relationship on the one hand, and the parents alone on the other side. The former comes within the scope of the sub-section, the latter does not.’

Judges:

Thorpe LJ, Hobhouse LJ

Citations:

[1999] Fam Law 206, [1998] EWCA Civ 1263, [1999] 1 FLR 701, [1999] 3 FCR 20

Links:

Bailii

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Cited by:

Cited – Re D (Jurisdiction: Programme of Assessment or Therapy) CA 12-May-1999
The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an . .
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 a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 November 2022; Ref: scu.144742