A Local Authority v XYZ (No 1): FC 1 Jul 2015

Care proceedings and an application for a placement order in relation to a young boy, Y, six months old.

Judges:

Moor J

Citations:

[2015] EWFC 69

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See AlsoA Local Authority v XYZ (No 2) FC 3-Jul-2015
Care proceedings and an application for a placement order in relation to a young boy, Y. He is coming up to seven months old. . .
Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 23 May 2022; Ref: scu.551002

Regina v Hampshire County Council ex parte K and Another: 1 Nov 1989

Application was made for the disclosure of a local authorities social worker records, during the course of care proceedings after allegations of secual abuse had been made against the parents.
Held: The court must look to the interests of the child: ‘as part and parcel of its general welfare, not only in having its own voice sympathetically heard and its own needs sensitively considered but also in ensuring that its parents are given every proper opportunity of having the evidence fairly tested and preparing themselves in advance to meet the grave charges against them.’ and ‘Local authorities therefore have a high duty in law, not only on grounds of general fairness but also in the direct interest of a child whose welfare they serve, to be open in the disclosure of all relevant material affecting that child in their possession or power (excluding documents protected on established grounds of public immunity) which may be of assistance to the natural parent or parents in rebutting charges against one or both of them of in any way ill-treating the child.’

Judges:

Watkins LJ and Waite J

Citations:

[1990] 1 FLR 330

Jurisdiction:

England and Wales

Cited by:

CitedDurham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Lists of cited by and citing cases may be incomplete.

Children, Information

Updated: 23 May 2022; Ref: scu.467126

TN v Secretary of State for The Home Department: Admn 16 Dec 2011

‘The claimant, an unaccompanied child, challenges the Secretary of State’s decision of 12 November 2010 refusing his claim for asylum and for humanitarian protection and granting him discretionary leave to remain in the United Kingdom for a shorter period than would enable him to appeal against that decision to the First-tier Tribunal. ‘

Judges:

Lindblom J

Citations:

[2011] EWHC 3296 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromTN (Afghanistan) and Another v Secretary of State for The Home Department CA 12-Dec-2013
The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. . .
At first instanceTN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.

Immigration, Children

Updated: 23 May 2022; Ref: scu.459744

In re G (Children) (Residence: Making of order): CA 27 Jul 2005

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 a child than making no order at all.

Judges:

Ward LJ, Clarke LJ, Neuberger LJ

Citations:

Times 14-Sep-2005

Statutes:

Children Act 1989 1(5)

Jurisdiction:

England and Wales

Children

Updated: 22 May 2022; Ref: scu.230364

S v Newham London Borough Council: CA 24 Feb 1998

A Local Authority which was relaying the facts underlying a list of people it felt were unsuitable to work with children to the minister has no immunity from a defamation action.

Judges:

Lord Woolf MR

Citations:

Times 05-Mar-1998, Gazette 18-Mar-1998, [1998] 1 FLR 1061, [1998] EWCA Civ 339, [1998] EMLR 583

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedW v Westminster City Council and Others QBD 9-Dec-2004
The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act . .
CitedSeray-Wurie v The Charity Commission of England and Wales QBD 23-Apr-2008
The defendant sought an order to strike out the claimant’s allegations of defamation and other torts. The defendants claimed qualified privilege in that the statements complained of were contained in a report prepared by it in fulfilment of its . .
CitedSeray-Wurie v The Charity Commission of England and Wales CA 3-Feb-2009
The claimant appealed against the striking out of his claim for defamation in a reort prepared by the defendants criticising his actions as chairman of a CAB. The action had been struck out on the basis of qualified privilege, and the claimant’s . .
Lists of cited by and citing cases may be incomplete.

Defamation, Local Government, Children

Updated: 20 May 2022; Ref: scu.88948

Re B: CA 25 Jul 1994

Court must release immediately person from ‘seek and find’ order unless contempt is alleged and shown.

Citations:

Ind Summary 25-Jul-1994

Jurisdiction:

England and Wales

Children

Updated: 20 May 2022; Ref: scu.85717

Cumbria County Council v M and Others: FD 11 Jul 2014

Cumbria County Council v M and Ors applies for a reporting restriction order that would, as originally drafted, have the effect of anonymising for the next 15 years the names of any of the family members that are concerned in this matter, including the child that died and including any of the agencies concerned in the background history contained in my judgment.

Judges:

Peter Jackson J

Citations:

[2014] EWHC 4486 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Children

Updated: 20 May 2022; Ref: scu.547094

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings.

Citations:

Times 25-Aug-2006

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government, Legal Aid

Updated: 20 May 2022; Ref: scu.244693

Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001

When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence came to be applied. When deciding to begin an investigation, the words of the statute were enough. They had only to have reasonable cause to suspect that a child might suffer harm.

Citations:

Times 27-Jun-2001, [2001] EWHC Admin 334

Links:

Bailii

Statutes:

Children Act 1989 47

Children, Local Government

Updated: 19 May 2022; Ref: scu.86003

Regina v Cambridge and Huntingdon Health Committee Ex Parte B: CA 10 Mar 1995

A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests could even so be lawful, but when called upon, it would have to show substantial cause for its decisions.
Where the use of limited resources has to be decided, the undesirability of the court stepping in too quickly was made clear: (Sir Thomas Bingham MR) ‘I have no doubt that in a perfect world any treatment which a patient, or a patient’s family, sought would be provided if doctors were willing to give it, no matter how much it cost, particularly when a life was potentially at stake. It would however, in my view, be shutting one’s eyes to the real world if the court were to proceed on the basis that we do live in such a world. It is common knowledge that health authorities of all kinds are constantly pressed to make ends meet. They cannot pay their nurses as much as they would like; they cannot provide all the treatments they would like; they cannot purchase all the extremely expensive medical equipment they would like; they cannot carry out all the research they would like; they cannot build all the hospitals and specialist units they would like. Difficult and agonising judgments have to be made as to how a limited budget is best allocated to the maximum advantage of the maximum number of patients. That is not a judgment which the court can make. In my judgment, it is not something that a health authority such as this authority can be fairly criticised for not advancing before the court.’
Sir Thomas Bingham MR: ‘. . . the courts are not, contrary to what is sometimes believed, arbiters as to the merits of cases of this kind. Were we to express opinions as to the likelihood of the effectiveness of medical treatment, or as to the merits of medical judgment, then we should be straying far from the sphere which under our constitution is accorded to us. We have one function only, which is to rule upon the lawfulness of decisions. That is a function to which we should strictly confine ourselves.’

Judges:

Sir Thomas Bingham MR

Citations:

Independent 14-Mar-1995, Times 15-Mar-1995, [1995] 1 WLR 898, [1995] EWCA Civ 43, [1995] EWCA Civ 49, [1995] Fam Law 480, [1995] 6 Med LR 250, [1995] 1 FLR 1056, [1995] 2 FCR 485, [1995] 2 All ER 129, [1995] COD 407

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

CitedWatts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced . .
CitedRogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
CitedRogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy . .
See AlsoRegina v Cambridge and Huntingdonshire Health Authority Ex Parte B (No 2) CA 27-Oct-1995
A child’s anonymity could removed, where publicity could generate cash for required treatment. . .
Lists of cited by and citing cases may be incomplete.

Health, Children

Updated: 19 May 2022; Ref: scu.86273

In Re W (A Child); In Re A (A Child); In Re B (Children): CA 5 Aug 1999

Where either a child had been registered with his father’s name, or his parents had been married, there would need to be strong reasons for allowing a change of surname. Where the parents were not married, the degree of commitment shown by the father to the child, the quality of contact and the presence or otherwise of parental responsibility were proper factors to be taken into account.
Lady Justice Butler-Sloss: ‘The present position, in summary, would appear to be as follows:-
a. If parents are married they both have the power and the duty to register their child’s names.
b. If they are not married the mother has the sole duty and power to do so.
c. After registration of the child’s names, the grant of a residence order obliges any person wishing to change the surname to obtain the leave of the court or the written consent of all those who have parental responsibility.
d. In the absence of a residence order, the person wishing to change the surname from the registered name ought to obtain the relevant written consent or the leave of the court by making an application for a specific issue order.
e. On any application the welfare of the child is paramount and the judge must have regard to the section 1 (3) criteria.
f. Among the factors to which the court should have regard is the registered surname of the child and the reasons for the registration, for instance recognition of the biological link with the child’s father. Registration is always a relevant and an important consideration but it is not in itself decisive. The weight to be given to it by the court will depend upon the other relevant factors or valid countervailing reasons which may tip the balance the other way.
g. The relevant considerations should include factors which may arise in the future as well as the present situation.
h. Reasons given for changing or seeking to change a child’s name based on the fact that the child’s name is or is not the same as the parent making the application do not generally carry much weight.
i. The reasons for an earlier unilateral decision to change a child’s name may be relevant.
j. Any changes of circumstances of the child since the original registration may be relevant.
k. In the case of a child whose parents were married to each, the fact of the marriage is important and I would suggest that there would have to be strong reasons to change the name from the father’s surname if the child was so registered.
l. Where the child’s parents were not married to each other, the mother has control over registration. Consequently on an application to change the surname of the child, the degree of commitment of the father to the child, the quality of contact, if it occurs, between father and child, the existence or absence of parental responsibility are all relevant factors to take into account. ‘

Judges:

Butler-Sloss LJ, Auld LJ, Mantell LJ

Citations:

Gazette 02-Sep-1999, Times 05-Aug-1999, [1999] EWCA Civ 2030

Links:

Bailii

Statutes:

Births and Deaths Registration Act 1953, Registration of Births and Deaths Regulations 1987

Jurisdiction:

England and Wales

Citing:

CitedDawson v Wearmouth CA 31-Jul-1997
The father was not married to the mother who, without consulting the father, registered the child in the name of her former husband by whom she had previously had two children. The father sought various orders under the Children Act, including a . .
CitedDawson v Wearmouth HL 4-Feb-1999
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded.
Held: The father’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 19 May 2022; Ref: scu.82262

In Re W (Minors) (Social Worker: Disclosure); Re W (Disclosure to Police): CA 26 Mar 1998

A social worker may disclose admissions made during investigation into child abuse, to the police without the court’s permission, where the information had not been incorporated in the welfare report filed at the court. The rule (against disclosure) applies only to documents which have actually been filed with the court and ‘protects only the pieces of paper and not the contents’.

Judges:

Butler-Sloss LJ, Mummery LJ, Judge LJ

Citations:

Times 08-Apr-1998, [1998] 2 FLR 135, [1998] EWCA Civ 553, [1999] 1 WLR 205, [1998] 2 All ER 801, [1998] 2 FCR 405, [1998] Fam Law 387

Links:

Bailii

Statutes:

Family Proceedings Rules 1991 4.23

Jurisdiction:

England and Wales

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
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 . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 19 May 2022; Ref: scu.82278

E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.

Citations:

Times 25-Nov-1999

Statutes:

Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9, Children Act 1989 41(9), Family Proceedings Rules 1991 (1991 No 1247) 4.23

Legal Aid, Children, Local Government

Updated: 19 May 2022; Ref: scu.80202

Dorney-Kingdom v Dorney-Kingdom: CA 25 Jul 2000

A court may not make an original order for child maintenance, save by consent. The practice of disguising such an order, as part of spousal maintenance, pending a determination by the Child Support Agency, was only legitimate where there was included a real element of spousal maintenance. Simply calling child maintenance spousal maintenance is not correct or legitimate.

Citations:

Times 25-Jul-2000, Gazette 27-Jul-2000

Statutes:

Child Support Act 1991 8(5)

Jurisdiction:

England and Wales

Children, Family, Child Support

Updated: 19 May 2022; Ref: scu.80101

Re D Children: FD 8 Oct 2015

Appeal brought by the parents of two children, L and T, against both findings and orders made by a judge in the context of care proceedings .

Judges:

Roberts J

Citations:

[2015] EWHC 2846 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 19 May 2022; Ref: scu.553916

C (A Minor) v Director of Public Prosecutions: QBD 30 Mar 1994

The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction.
Held: The presumption of doli incapax for a 10-14 year old child is no longer good law. Laws J said: ‘Whatever may have been the position in an earlier age, when there was no system of universal compulsory education and when, perhaps, children did not grow up as quickly as they do nowadays, this presumption at the present time is a serious disservice to our law. It means that a child over ten who commits an act of obvious dishonesty, or even grave violence, is to be acquitted unless the prosecution specifically prove by discrete evidence that he understands the obliquity of what he is doing. It is unreal and contrary to common sense;’ and ‘Even that is not the end of it. The rule is divisive and perverse: divisive, because it tends to attach criminal consequences to the acts of children coming from what used to be called good homes more readily than to the acts of others; perverse, because it tends to absolve from criminal responsibility the very children most likely to commit criminal acts. It must surely nowadays be regarded as obvious that, where a morally impoverished upbringing may have led a teenager into crime, the facts of his background should go not to his guilt, but to his mitigation; the very emphasis placed in modern penal policy upon the desirability of non-custodial disposals designed to be remedial rather than retributive – especially in the case of young offenders – offers powerful support for the view that delinquents under the age of 14, who may know no better than to commit antisocial and sometimes dangerous crimes, should not be held immune from the criminal justice system, but sensibly managed within it. Otherwise they are left outside the law, free to commit further crime, perhaps of increasing gravity, unchecked by the courts whose very duty it is to bring them to book.’ and ‘the presumption is in principle objectionable. It is no part of the general law that a defendant should be proved to appreciate that his act is ‘seriously wrong.’ He may even think his crime to be justified; in the ordinary way no such consideration can be prayed in aid in his favour. Yet in a case where the presumption applies, an additional requirement, not insisted upon in the case of an adult, is imposed as a condition of guilt, namely a specific understanding in the mind of the child that his act is seriously wrong. This is out of step with the general law.’

Judges:

Laws J

Citations:

Times 30-Mar-1994, [1995] 1 Cr App R 118

Citing:

See AlsoRegina v Director of Public Prosecutions, Ex Parte C QBD 7-Mar-1994
The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act. . .

Cited by:

Appeal fromC (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .
CitedRegina v T CACD 16-Apr-2008
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
CitedJTB, Regina v HL 29-Apr-2009
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of . .
Lists of cited by and citing cases may be incomplete.

Crime, Children

Updated: 19 May 2022; Ref: scu.78795

Birmingham City Council v H (A Minor) and Others: HL 16 Dec 1993

The local authority applied for a care order in respect of a young baby. The mother was only 15 and was a ‘child’ herself.
Held: In an application under 34(4) the interests of the child who is the subject of the application are paramount, and precede those of the mother, even if she herself is a child. Section 34(3) enabled the court to ‘make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person’. Lord Slynn of Hadley: ‘For this purpose, ‘the child’ is the child in care in respect of whom an order is sought by one of the four categories of person. That child is the subject matter of the application. The question to be determined relates to that child’s upbringing and it is that child’s welfare which must be the court’s paramount consideration. The fact that the parent is also a child does not mean that both parent’s and child’s welfare is paramount and that each has to be balanced against the other.’

Judges:

Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson, Lord Slynn, Lord Hadley, Lord Woolf

Citations:

Independent 07-Jan-1994, Gazette 09-Feb-1994, Times 17-Dec-1993, [1993] UKHL 9

Links:

Bailii

Statutes:

Children Act 1989 34(4)

Citing:

Appeal fromBirmingham City Council v H (A Minor) CA 1993
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child.
Held: When the . .

Cited by:

CitedIn 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 . .
Appealed toBirmingham City Council v H (A Minor) CA 1993
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child.
Held: When the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.78416

In Re AR (An Order Under The Child Abduction And Custody Act 1985): SCS 17 Jun 2014

The two girls were with their mother in Scotland. The father, living in France, sought their return to France:
Held: The court granted the father’s application. The Lord Ordinary: ‘After considering all the relevant evidence I am satisfied that the children had not immediately before 20 November 2013 lost their habitual residence in France. They had both been born there and lived there in family with their parents until 26 July. This was a French family living in France. There is nothing which happened thereafter which persuades me that they had ceased to be habitually resident in France. I conclude from the evidence and productions presented that the stay of the respondent and the two children in Scotland was to be of limited duration, consisting of the period of her maternity leave. I do not regard the sale of the family home in Narbonne as evidencing a joint intention to leave France for good. I am not persuaded that there was a joint decision to uproot themselves from France and relocate permanently to Scotland. The petitioner has his own expanding business in Narbonne, for which he relies on his livelihood (sic) and in order to maintain the respondent and children. He speaks little or no English. I reject as fanciful any suggestion that he intended to set up a business in Scotland. That would have involved abandoning his established business in France and attempting to set up a business in a country where he did not speak the language and had no obvious prospect of succeeding. He continued to live and work in France after the respondent and children came to live in Scotland, although he visited them regularly. The respondent and children returned to France on two occasions after their move to Scotland. Certain of the children’s belongings were in storage in France. The lease of the property in which the respondent and children were living in Scotland was in her name alone. Nothing in the communications between the parties indicates a joint intention to uproot themselves from France and relocate permanently to Scotland.’

Citations:

Unreported, 17 June 2014

Statutes:

Child Abduction And Custody Act 1985

Cited by:

Appeal fromAR, Re An Order Under The Child Abduction and Custody Act 1985 SCS 14-Nov-2014
(Extra Division, Inner House – Opinion of Lord Malcolm) – appeal in application for order of return of two children to their father in France. The partis disputed whether Scotland had become habitually resident in Scotland, and also whether the . .
At Outer HouseAR v RN (Scotland) SC 22-May-2015
The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of . .
Lists of cited by and citing cases may be incomplete.

Children, Scotland

Updated: 18 May 2022; Ref: scu.566222

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 its original format. The court identified: ‘the risk of so called ‘jigsaw identification’ in cases where the judgment of the family court has been made public. In particular, this case highlights the issue of ‘jigsaw identification’ in family cases where there has been prior press reporting of related criminal proceedings that remains readily accessible to the public on the Internet provided one has the appropriate terms to type into a search engine, which Internet search terms can be gleaned from the facts set out in the judgment of the family court even where that judgment is published in a form which anonymises the details of the family.’
‘ the proper approach in relation to both the decision whether to publish the substantive judgment in this matter and whether to make a reporting restriction order is for the court to identify the various rights that are engaged, conduct the necessary balancing exercise between the competing rights by maintaining intense focus on the comparative importance of those specific rights, by examining and accounting for the justifications for interfering with or restricting each right and by applying the ultimate balancing test of proportionality.’
‘In the age of the Internet, where today’s news story no longer becomes tomorrow’s discarded fish and chip wrapper, but rather remains accessible in electronic form to those with the requisite search terms, ‘jigsaw identification’ will arise as a potential issue in every case where the family court publishes a judgment in proceedings arising out of a set of facts that have also led to criminal proceedings that have been the subject of reports in the media. The risk of ‘jigsaw identification’ is not however a reason in itself to withhold the publication of a judgment. The question in each case will be whether, having regard to the evidence before the court and all the circumstances of the case, the interference in the Art 8 rights constituted by the risk of ‘jigsaw identification’ arising out of publication outweighs the interference in the Art 10 right of freedom of expression constituted by withholding publication.’

Judges:

MacDonald J

Citations:

[2015] EWHC 2630 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedIn Re G (Minors) (Celebrities: Publicity) CA 4-Nov-1998
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the . .
CitedPelling 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 . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedRe H (Freeing Orders: Publicity) CA 2005
Wall LJ said: ‘Cases involving children are currently heard in private in order to protect the anonymity of the children concerned. However, the exclusion of the public from family courts, and the lack of knowledge about what happens in them, easily . .
CitedLondon Borough of Barnet v X and Another FC 18-Apr-2006
Barnet County Court – Munby J considered the publication of children proceedings: ‘ In my view the public generally, and not just the professional readers of law reports or similar publications, have a legitimate – indeed a compelling – interest in . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedRe J (A Child) (Reporting Restriction: Internet: Video) FD 5-Sep-2013
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, . .
CitedA Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
CitedClayton v Clayton CA 27-Jun-2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified.
CitedMX v Dartford and Gravesham NHS Trust and Others CA 17-Feb-2015
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant.
Held: An order should . .
CitedRe 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 . .
CitedIn Re R (Wardship: Restrictions on Publication) CA 1994
The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought . .
CitedRegina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
CitedIn re X Children FD 29-Jun-2007
Munby J made clear, in the context of reiterating the principle that whilst it was a strong thing to omit or qualify the public domain proviso, that the Court can, where there is a pressing need, construct a reporting restriction order so as to . .
CitedLM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
CitedTrinity Mirror and Others, Regina (on the Application Of) v Croydon Crown Court CACD 1-Feb-2008
The defendant had pleaded guilty in the Crown Court to 20 counts of making or possessing child pornography. No direction was made for withholding the defendant’s identity in court, but the Crown Court made an order in the interest of the defendant’s . .
CitedA Council v M and Others (Judgment 3: Reporting Restrictions) FD 20-Jul-2012
Applications were made for the protection of the identity of children and family members ahead of care and criminal proceedings. The order was resisted by several news organisations.
Held: a conclusion that the Art 8 rights of individuals . .
CitedBirmingham City Council v Riaz and Others FD 24-Jun-2015
The Council sought a lifelong order to protect the identity of a girl about to achieve majority, who have been subject to sexual exploitation as a child.
Held: Keehan J said: ‘There comes a point, however, where evidence is not merely . .
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedIn re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
CitedIn re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedBotta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
CitedBensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedAttorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
CitedDiennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedAllan v Clibbery (1) CA 30-Jan-2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
CitedGuardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .

Cited by:

CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Family, Media, Children

Updated: 18 May 2022; Ref: scu.552782

43 Ass Pl 15 10 El Dyer, 269: 2 Jan 1220

The King in Parliament grants to the prince, the dutchy of Cornwall, with the wards and marriages of his tenants by knight’s-service thereunto belonging : the King has A. his tenant within the said Dutchy, who holds of him (viz. the King), other lands elsewhere in capite; this tenant dies his heir within age, this A. also held other lands of the dutchy by knight-service : the prince shall not have the wardship of the heir of A. nor of the land in this case ; for A was of integer tenens of the dutchy ; and this is a special case of prerogative, that the King’s charters, without express mention, do not pass any thing, nor are of any effect in such case.

Citations:

[1220] EngR 533, (1220-1623) Jenk 48, (1220) 145 ER 36 (B)

Links:

Commonlii

Children

Updated: 18 May 2022; Ref: scu.461445

Case XLVI 29 Ass Pl 35 29 E 3, 37: 1220

A. has judgment against B. in ravishment of ward ; B brings a writ of error, and assigns for error, that the plaintiff below did riot shew in his count, that he had seised the ward. Non allocatur; for it vests in him by the death of the ancestor, for it is a thing transitory.

Citations:

[1220] EngR 371, (1220-1623) Jenk 24, (1220) 145 ER 18 (B)

Links:

Commonlii

Children

Updated: 18 May 2022; Ref: scu.461283

35 H 6, 52 28 H 8 Br Livery, 55 Br Cases, 187, 78, 113, 114 12 H 4, 18 Stamf Praer 10 Dally, 90, Pl 8 Co Lit 77 A F N B 258, 256 Gard, Livery, Charrel Br Cases, 322 By 12 C 2, Ch 24, These Tenures And Services Are Abolish’D: 1220

No livery shall be sued by any heir, if the tenure be not of the King by knight’s service in capite, or in socage in capite, if the heir be of full age at the time of the death of his father, he shall pay half a year’s value of the land : if the tenure be socage in capite, such heir shall pay relief: if he be fourteen years of age at the time of the death of his ancestor, he shall pay nothing. Where the King has a ward, because of another ward who is the King’s tenant in capite by knight’s service ; and the ward because of ward comes first to full age, he shall sue his livery ; but not where his guardiian has sued his livery before him : but though his guardian has sued his livery before him, yet the King shall retain the land and body of the ward because of ward till his full age. So shall every other lord do who has a ward because of ward ; if he has not the seigniory by a defeasible title : if so, the entry of him who has right shall avoid it : so of a mortgage redeemed, and a seigniory granted upon condition. The heir of the King’s tenant by knight’s service, not in capite, at his full age, after he has paid relief, shall have an ouster le maine. The King’s tenant of lands within the Dutchy of Lancaster shall sue livery, but not for lands held of the dutchy, and lying out of the dutchy. 21 E. 4, 60. 26 H. 8.

Citations:

[1220] EngR 445, (1220-1623) Jenk 113, (1220) 145 ER 80 (A)

Links:

Commonlii

Children, Land

Updated: 18 May 2022; Ref: scu.461357

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The BBC said that they wished to approach the sect to interview him.
Held: The exparte injunction was discontinued. The court pointed out the facilities available to K for assistance if required. The court had granted an interim injunction to restrain publiction of any report by the BBC. The publication of information about a ward, even if the child is known to be a ward, is not, of itself and without more ado, a contempt of court.
As to section 12 of the 1960 Act: ‘what section 12 protects is the privacy and confidentiality: (i) of the documents on the court file and (ii) of what has gone on in front of the judge in his courtroom . . In contrast, section 12 does not operate to prevent publication of the fact that wardships proceedings are on foot, nor does it prevent identification of the parties or even of the ward himself. It does not prevent reporting of the comings and goings of the parties and witnesses, nor of incidents taking place outside the court or indeed within the precincts of the court but outside the room in which the judge is conducting the proceedings. Nor does section 12 prevent public identification and at least some discussion of the issues in the wardship proceedings.’
Though the court had jurisdiction to make an order, the interviewing of a ward of court, if it stayed clear of the relevant legislation, was not something requiring the prior leave of the court. A ‘major incident’ of a child’s life requiring an order would be leaving of home, not the giving of an interview, and nor would such an interview be part of his ‘upbringing’.

Judges:

Munby J

Citations:

[2000] EWHC Fam 2, [2000] EWHC 3 (Fam), [2001] 1 All ER 323, [2000] 3 FCR 509, [2000] Fam Law 886, [2001] 2 WLR 253, [2001] Fam 59, [2001] 1 FLR 197, FD/00P10636

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 10, Administration of Justice Act 1960 12, Contempt of Court Act 1981 2 19, Children Act 1989 97(2)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
MentionedThe Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
CitedThe Sunday Times v The United Kingdom (No 2) ECHR 26-Nov-1991
Any prior restraint on freedom of expression calls for the most careful scrutiny. ‘Freedom of expression constitutes one of the essential foundations of a democratic society subject to paragraph (2) of Article 10. It is applicable not only to . .
CitedAttorney General v Guardian Newspapers Ltd (No.1) HL 13-Aug-1987
A retired secret service officer intended to publish his memoirs through the defendant. The house heard an appeal against a temporary injunction restraining publication.
Held: Lord Bridge delivered his dissenting speech in the case of . .
CitedIn re an Inquiry Under The Company Securities (Insider Dealing) Act 1985 HL 1988
The term ‘necessary’ will take its colour from its context; in ordinary usage it may mean, at one end of the scale, ‘indispensable’ and at the other ‘useful’ or ‘expedient’.
Lord Griffiths said: ‘What then is meant by the words ‘necessary . . . .
CitedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
CitedRantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
CitedThe Zamora PC 1916
Lord Parker said: ‘The idea that the King in Council, or indeed any branch of the Executive, has power to prescribe or alter the law to be administered by the Courts of law in this country is out of harmony with the principles of our Constitution. . .
CitedSecretary of State for Defence v Guardian Newspapers Ltd (Tisdall Case) HL 1984
Lord Diplock discussed section 10 of the 1981 Act, saying: ‘The exceptions include no reference to ‘the public interest’ generally and I would add that in my view the expression ‘justice’, the interests of which are entitled to protection, is not . .
CitedCouncil of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
CitedR (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
CitedDerbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Citedex parte Guardian Newspapers Ltd CACD 30-Sep-1998
The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process.
Held: Where an application was . .
CitedIn re X (A Minor) (Wardship: Jurisdiction) FD 1975
A stepfather made the child a ward of court in order to try to stop publication of a book containing passages about the sex life of her deceased father. The jurisdiction to order that a child’s name should not be made known, is not exercisable at . .
CitedIn re X (A Minor) (Wardship: Jurisdiction) CA 2-Jan-1975
A child’s stepfather obtained an order preventing publication of a book about the child.
Held: The circumstances were novel, but ‘The court has power to protect the ward from any interference with his or her welfare, direct or indirect.’ There . .
CitedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
CitedIn re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
CitedRegina v Secretary of State for the Home Department ex parte Simms; ex parte O’Brien; ex parte Main CA 9-Dec-1997
The removal of a prisoner’s right to talk to the press is part of the process of imprisonment. Prisoners’ letters could be read to the extent necessary to prove that they contained legally privileged material. A prisoner has no right to an oral . .
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedIn re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
CitedIn re F (otherwise A) (A Minor) (Publication of Information) FD 1976
. .
CitedIn Re R (Wardship: Restrictions on Publication) CA 1994
The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought . .
CitedOfficial Solicitor v News Group Newspapers FD 1994
There had been a conviction of a nurse for multiple murders. The defendant was approached by a third party and published evidence taken from children’s proceedings.
Held: The defendant was guilty of contempt. . .
CitedRe L (A Minor) (Wardship: Freedom of Publication) FD 1988
The mere fact that a child is known to be a ward of court is not sufficient to make any publication identifying the child a contempt of court. . .
CitedPickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .
CitedIn Re G (Minors) (Celebrities: Publicity) CA 4-Nov-1998
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the . .
CitedX v Dempster FD 9-Nov-1998
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother.
Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the . .
CitedRe C (Wardship: Medical Treatment) (No 2) CA 1989
The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the . .
CitedA v M (Family Proceedings: Publicity) FD 2000
In the course of a child residence and contact dispute, M made allegations against F of abuse against the child C. The allegations were investigated and substantially rejected. M passed private court materials to the press. F obtained an injunction . .
CitedM v British Broadcasting Corporation FD 1997
The applicant’s child had been fathered by donor insemination. He sought to prevent the defendant publicising his forthcoming case with the Child Support Agency in which he intended to deny a responsibility to provide child support.
Held: An . .
DoubtedIn re T (AJJ) (An Infant) CA 1970
Russell LJ said: ‘But it must be borne in mind that the infant is a ward of court under the judge’s order, and if anyone is minded to question or interview the infant they may well be at risk of being in contempt.’ . .
CitedIn re W (Wardship: Discharge: Publicity) CA 1995
Four wards of court aged between nine and 14 had given an interview to a newspaper reporter, who plainly knew that they were wards of court, in circumstances which clearly troubled both the Official Solicitor, their guardian ad litem, who . .
CitedIn re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
CitedInteroute Telecommunications (UK) Ltd v Fashion Gossip Ltd and Others ChD 10-Nov-1999
Where a party to litigation made an ex parte application, there was a clear duty on the legal representative attending to make full notes of the hearing so that, if the opposing party sought in any way to challenge what had happened, a record would . .
CitedW v H (Family Division: without notice orders) FD 10-Jul-2000
Munby J considered the practice to be followed in the Family Division when injunctions are granted ex parte and without notice against third parties in ancillary relief cases.
Held: The court traced the history of undertakings in damages give . .

Cited by:

CitedTower Hamlets v M and Others FD 27-Mar-2015
The authority sought orders to prevent the respondent children travelling to countries controlled by the ISIS groups. The parents being unlikely to be effective to restrain them, the court had made them wards of court.
Held: ‘the status of a . .
CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
CitedSarker, Regina v CACD 13-Jun-2018
The defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 18 May 2022; Ref: scu.445471

MH v GP (Child: Emigration): FD 1995

A single mother wanted to move permanently to New Zealand with her four year old son. The father had regular contact with his son.
Held: The application failed. The Judge stressed the importance of the child’s relationship with the father and through him with the paternal family.
Thorpe J said: ‘in approaching the first question, whether or not there should be leave for permanent removal, I apply the principles which have stood largely unchanged since the decision of the Court of Appeal in Poel v Poel. In the later case of Chamberlain v de la Mare a strong Court of Appeal stated that, in considering whether to give leave, the welfare of the child was the first and paramount consideration, but that leave should not be withheld unless the interests of the children and those of the custodial parent were clearly shown to be incompatible.
That statement of principle creates a presumption in favour of the reasonable application of the custodial parent, but in weighing whether the reasonable application is or is not incompatible with the welfare of D, I have to assess the importance of the relationship between D and his father, not only as it is but as it should develop. The relationship with the father is the doorway through which D relates to other members of the family, particularly his half-sister L, his paternal grandmother, and his paternal first cousins. That is the crux of this case.’

Judges:

Thorpe J

Citations:

[1995] 2 FLR 106

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
CitedIn Re C (leave to remove from the jurisdiction) CA 2000
The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417804

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). The Court considered the effect of Article 8 but saw no reason to interfere with the established line of authority followed by the judge and which bound the Court.
Held: Leave was refused. Buxton LJ doubted whether the difficult balancing exercise performed by the judge came within the purview of the Convention at all.

Judges:

Ward and Buxton LJJ

Citations:

[2000] 2 FLR 225

Statutes:

European Convention on Human Rights 8, Human Rights Act 1998, Children Act 1989

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 18 May 2022; Ref: scu.417807

Chamberlain v de la Mare: CA 1983

The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the criteria from the 1971 Act and follow the interests of the chilren.
Held: The mother’s appeal succeeded. Balcombe J had misdirected himself in questioning whether the decisions in Poel and Nash were consistent with the statute. Ormrod LJ emphasised that the court in Poel had not weighed the interests of the adults against the interests of the children but rather had weighed the effect on the children of imposing unreasonable restraints on the adults.
After discussing Moodey v Field, he continued: ‘The reason why the court should not interfere with the reasonable decision of the custodial parent, assuming, as this case does, that the custodial parent is still going to be responsible for the children, is, as I have said, the almost inevitable bitterness which such an interference by the court is likely to produce. Consequently, in ordinary sensible human terms the court should not do something which is, prima facie, unreasonable unless there is some compelling reason to the contrary. That I believe to be the correct approach.’
Griffiths LJ said: ‘The welfare of young children is best served by bringing them up in a happy, secure family atmosphere. When, after divorce, the parent who has custody of the children remarries, those children then join and become members of a new family and it is the happiness and security of that family on which their welfare will depend. However painful it may be for the other parent that parent has got to grasp and appreciate that fact. If a step-father, for the purposes of his career, is required to live elsewhere the natural thing would be that he will wish to take his family, which now includes his step-children, with him, and if the court refuses to allow him to take the step-children with him he is faced with the alternative of going and leaving the family behind which is a very disruptive state of affairs and likely to be very damaging to those step-children or alternatively he may have to throw up his career prospects and remaining this country. If he has to do that he would be less than human if he did not feel a sense of frustration and, do what he may, that may well spill over into a sense of resentment against the step-children who have so interfered with his future career prospects. If that happens it must reflect upon the happiness and possibly even the stability of this second marriage. It is to that effect that the court was pointing in the decisions of Poel v Poel and Nash v Nash and it was stressing that it was a factor that had to be given great weight when weighing up the various factors that arise when a judge has to decide whether or not to give leave to take children out of the jurisdiction.’

Judges:

Ormrod LJ, Griffiths LJ

Citations:

[1983] 4 FLR 434

Statutes:

Guardianship of Minors Act 1971 1

Jurisdiction:

England and Wales

Citing:

CitedPoel v Poel CA 1970
The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child . .
CitedNash v Nash CA 1973
Davies LJ said: ‘But I emphasise once more that when one parent has been given custody it is a very strong thing for this court to make an order which will prevent the following of a chosen career by the parent who has custody.’ . .

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
CitedLonslow v Hennig CA 1986
The mother sought leave to remove the children of the family against the father’s wishes. She wanted to move to New Zealand. The judge at first instance had refused her application. She appealed.
Held: The appeal succeeded. Though the first . .
CitedBelton v Belton CA 1987
The mother appealed against refusal of leave to remove her children from the UK on emigrating to New Zealand.
Held: The appeal succeeded.
Purchas LJ said that: ‘in carrying out the exercise of assessing what was in the interest of A as . .
CitedIn Re C (leave to remove from the jurisdiction) CA 2000
The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417791

In Re N (Leave to withdraw care proceedings): 2000

Citations:

[2000] 1 FCR 258

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 18 May 2022; Ref: scu.417809

Moodey v Field: CA 13 Feb 1981

The mother appealed against refusal of permission to remove the child from the jurisdiction.
Held: Ormrod LJ summarised the situation: ‘the question therefore in each case is, is the proposed move a reasonable one from the point of view of the adults involved? If the answer is yes, then leave should only be refused if it is clearly shown beyond any doubt that the interests of the children and the interests of the custodial parent are incompatible. One might postulate a situation where a boy or girl is well settled in a boarding school, or something of that kind, and it could be said to be very disadvantageous to upset the situation and move the child into a very different educational system. I merely take that as an example. Short of something like that, the court in principle should not interfere with the reasonable decision of the custodial parent.’

Judges:

Ormrod LJ

Citations:

Unreported, 13 February 1981

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417810

A v A: CA 1979

The mother had been given leave to take the child of the family out of the jurisdiction. The father sought leave to appeal.
Held: Ormrod LJ said: ‘It is always difficult in these cases when marriages break up where a wife who, as this one is, is very isolated in this country feels the need to return to her own family and her own country; and, although Mr Swift has argued persuasively for the test which was suggested in the case of Poel v Poel [1970] 1 WLR 1469, the test which is often put on the basis of whether it is reasonable for the mother to return to her own country with the child, I myself doubt whether it provides a satisfactory answer to this question. The fundamental question is what is in the best interest of the child; and once it has been decided with so young a child as this that there really is no option so far as care and control are concerned, then one has to look realistically at the mother’s position and ask oneself the question: where is she going to have the best chance of bringing up this child reasonably well? To that question the only possible answer in this case is Hong Kong. It is true that it means cutting the child off to a large extent – almost wholly perhaps – from the father; but that is one of the risks which have to be run in cases of this kind. If it is wholly unreasonable, as I think it is in this case, to require the mother to remain in England, assuming even the court ought to put her in the position of choosing between staying very unhappily and uncomfortably in England and going home to her own country, then I still think the answer is that where she can best bring up this child is the proper solution to this case.’

Judges:

Ormrod LJ

Citations:

[1979] 1 FLR 380

Jurisdiction:

England and Wales

Citing:

CitedPoel v Poel CA 1970
The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child . .

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417789

In re H (application to remove from jurisdiction): FD 1998

The mother had remarried and now wished to move to the United States with her new husband, an American. The father had played an unusually large role in caring for the child as a baby and continued to keep closely in touch with her. The judge said that it was a finely balanced case but gave the mother leave to remove the child permanently from the jurisdiction. The father appealed.
Held: Thorpe L referred to Poel and subsequent reported cases and said: ‘these applications for leave are always difficult cases that require very profound investigation and judgment. But not a lot is to be gained by seeking support from past decisions, however superficially similar the factual matrix may appear to be. In my judgment, the approach that the court must adopt in these cases has not evolved or developed in any way since the decision of this court in Poel v Poel.’

Judges:

Thorpe J

Citations:

[1998] 1 FLR 848

Jurisdiction:

England and Wales

Citing:

ConfirmedPoel v Poel CA 1970
The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child . .

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417811

The London Borough of Lambeth v SCVJ and others: FD 2006

A court was unable to direct the commissioner of the police for the metropolis to disclose or release any sample of the DNA taken from a child for the purposes of comparing it with the DNA taken by other children.

Judges:

Ryder J

Citations:

[2006] EWHC 326 (Fam), [2007] 1 FLR 152

Jurisdiction:

England and Wales

Cited by:

CitedLondon Borough of Lewisham v D and Others FD 29-Mar-2010
The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 18 May 2022; Ref: scu.418421

Lonslow v Hennig: CA 1986

The mother sought leave to remove the children of the family against the father’s wishes. She wanted to move to New Zealand. The judge at first instance had refused her application. She appealed.
Held: The appeal succeeded. Though the first point was that the welfare of the children was the paramount consideration and second that previous cases decided on other facts could only provide guidelines, the court noted that there was a consistent line of guidance throughout the decisions of the court since 1970.

Judges:

Dillon LJ

Citations:

[1986] 2 FLR 378

Jurisdiction:

England and Wales

Citing:

CitedPoel v Poel CA 1970
The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child . .
CitedNash v Nash CA 1973
Davies LJ said: ‘But I emphasise once more that when one parent has been given custody it is a very strong thing for this court to make an order which will prevent the following of a chosen career by the parent who has custody.’ . .
CitedChamberlain v de la Mare CA 1983
The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the . .

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417801

in Re A (Leave to Remove: Cultural and Religious Consideration): FD 2006

Judges:

McFarlane J

Citations:

[2008] 2 FLR 572, [2006] EWHC 421 (Fam)

Jurisdiction:

England and Wales

Citing:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.

Cited by:

CitedIn re D (Children); BD v AID CA 9-Feb-2010
The father sought leave to appeal against an order permitting the mother to remove the parties two sons from Wales to live in Slovakia. The judge had made a shared residence order. Wall LJ discussed the criticisms of Payne -v- Payne, saying: ‘There . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417787

Nash v Nash: CA 1973

Davies LJ said: ‘But I emphasise once more that when one parent has been given custody it is a very strong thing for this court to make an order which will prevent the following of a chosen career by the parent who has custody.’

Judges:

Davies LJ

Citations:

[1973] 2 All ER 70

Jurisdiction:

England and Wales

Cited by:

CitedChamberlain v de la Mare CA 1983
The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the . .
CitedLonslow v Hennig CA 1986
The mother sought leave to remove the children of the family against the father’s wishes. She wanted to move to New Zealand. The judge at first instance had refused her application. She appealed.
Held: The appeal succeeded. Though the first . .
CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417788

Tyler v Tyler: CA 1989

Kerr LJ, having considered the cases on removing children from the jurisdiction on one parent emigrating said: ‘I also accept that this line of authority shows that where the custodial parent herself, it was the mother in all those cases, has a genuine and reasonable desire to emigrate then the court should hesitate long before refusing permission to take the children.’

Citations:

[1989] 2 FLR 158

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417803

Belton v Belton: CA 1987

The mother appealed against refusal of leave to remove her children from the UK on emigrating to New Zealand.
Held: The appeal succeeded.
Purchas LJ said that: ‘in carrying out the exercise of assessing what was in the interest of A as a paramount consideration, the judge omitted what to my mind was a crucial factor. That factor was the stability of the new family unit in which A was to grow up, the tensions that might be created in it during the ensuing 2 years or so, and the effect that that would necessarily have on A – of great gravity if the union in fact broke up under those stresses and still of considerable gravity if that union came under tensions which would almost certainly arise if the plans to go to New Zealand were frustrated . . I sympathise and understand, where a lay person such as a father is concerned, the difficulty of reconciliation with the concept of such a separation being in the paramount interests of the child in the long term, but the long-term interests of the child revolve around establishing, as Griffiths LJ (as he then was) said in Chamberlain, a sound, secure family unit in which the child should go forward and develop. If that can be supported by contact with the father, that is an immense advantage, but, if it cannot, then that is no reason for diverting one’s concentration from the central and paramount issue in the case . . the authorities and the law dictate the hard and difficult decision which must be made once it is established that the custodial parent genuinely desires to emigrate and, in circumstances in which there is nothing adverse to be found in the conditions to be expected, those authorities are quite clear in the course that the court must take, whatever the hardship and distress that may result.’

Judges:

Purchas LJ

Citations:

[1987] 2 FLR 343

Jurisdiction:

England and Wales

Citing:

CitedChamberlain v de la Mare CA 1983
The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the . .

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417802

In Re C (Abduction: Residence and Contact): FD 2006

Mostyn QC J considered the impact of Art 8 of the European Convention on Human Rights on applications for residence and contact, saying: ‘On the facts of this case it is clear to me that supervised contact would only have been appropriate if there was the clearest and most compelling evidence that in some way S’s best interests would be jeopardised by unsupervised, normal contact. Given the terms of the Strasbourg jurisprudence to which I have referred, it is almost as if there is a presumption in favour of normal contact and it is for those who say it is inappropriate to prove by clear evidence why this is so.’

Judges:

Mostyn QC J

Citations:

[2006] 2 FLR 277

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

CitedIn 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, Human Rights

Updated: 18 May 2022; Ref: scu.417786

Newham London Borough Council v Attorney-General: CA 1993

The court rejected an argument that ‘likely to suffer significant harm’ in the subsection was to be equated with ‘on the balance of probabilities’.

Citations:

[1993] 1 FLR 28

Statutes:

Children Act 1989 31(2)(a)

Jurisdiction:

England and Wales

Cited by:

AppliedIn re A (A Minor) (Care Proceedings) FD 2-Jan-1993
It was again argued that ‘likely’ meant more probable than not.
Held: The argument was not open to the appellants in the light of Newham London Borough Council. . .
CitedIn re H and R (Minors) CA 1994
An allegation had been made by a daughter of sexual abuse against her step-father. Despite his acquittal, the local authority went ahead with an application for a care order. The authority now appealed against a finding that it had not established a . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.416039

In Re W (Minors) (Wardship: Evidence): CA 1990

A wardship was applied for after allegations of sexual abuse. Butler-Sloss LJ said ‘It is not necessary to make a finding of sexual abuse against a named person in order for the judge to assess the risks to the child of returned to that environment. He is engaged in a different exercise, that of the assessment of the possibilities for the future.’
Neill LJ said: ‘There may also be cases, however, where the court may not be in a position to make a positive finding on the evidence as to what has happened in the past, but may nevertheless come to the conclusion that a child may be at risk for the future.’

Judges:

Butler-Sloss LJ, Neill LJ

Citations:

[1990] 1 FLR 203

Jurisdiction:

England and Wales

Cited by:

CitedIn re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC 3-Mar-2010
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.406178

Bradford City Metropolitan Council v K (Minors): 1990

Judges:

Otton J

Citations:

[1990] Fam 140

Jurisdiction:

England and Wales

Cited by:

CitedIn re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC 3-Mar-2010
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.406180

Edwards v Carter: HL 1893

If an infant choses to repudiate a disposition, he must do so within a reasonable time after coming of age.

Citations:

[1893] AC 361

Jurisdiction:

England and Wales

Cited by:

CitedFisher v Brooker and Others HL 30-Jul-2009
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future . .
Lists of cited by and citing cases may be incomplete.

Children, Contract

Updated: 18 May 2022; Ref: scu.373857

In re McGrath (Infants): CA 1893

Judges:

Lindley LJ

Citations:

[1893] 1 Ch 143

Cited by:

CitedIn re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.269964

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

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 disclosures and had been very much less than candid with the court about what they had done. The starting point was that proceedings about children should be in private. Parents dissatisfied with court proceedings must be able to voice their doubts, and courts are not immune to significant error. Papers should be disclosed to the GMC subject to safeguards. The court identified which elements of children’s cases were disclosable without the consent of the court. It was wrong to await an appeal hearing before conducting the delicate balancing exercise on disclosure. Orders were made rstricting publication of some elemments and consenting to others. ‘section 12 of the 1960 Act applies equally whether the dissemination of information or documents is to a journalist or to a Member of Parliament, a Minister of the Crown, a Law Officer, or any other public body or public official, that the Minister of State for Children is not a child protection professional, and that disclosure to the Minister of State cannot therefore be justified on the footing of the exception to the general principle recognised in In re M. Put shortly, a government department has no right to see a family court file and needs leave from a judge to do so. ‘
Munby said: ‘I need to emphasise that there is a ‘publication’ for [the] purpose [of AJA 1960 section 12] whether the dissemination of information or documents is to a journalist, a Minister of the Crown, a Law Officer, the Director of Public Prosecutions, the Crown Prosecution Service, the police (except when exercising child protection functions), the GMC, or any other public body or public official.’ The law and practice of the family courts is a matter in which the public has a genuine and proper interest: ‘The workings of the family justice system and, very importantly, the views about the system of . . (those) . . caught up in it are . . matters of public interest which can and should be discussed publicly.
We cannot afford to proceed on the blinkered assumption that there have been no miscarriages of justice in the family justice system. This is something that has to be addressed with honesty and candour if the family justice system is not to suffer further loss of public confidence. Open and public debate in the media is essential.’

Judges:

Mr Justice Munby

Citations:

[2004] EWHC 411 (Fam), [2004] 2 FLR 142, [2004] EWHC Fam 411, [2004] Lloyds Rep Med 303

Links:

Bailii

Statutes:

Family Proceedings Rules 1991 4.16(7), Administration of Justice Act 1960 12, Children Act 1989 97(2)

Jurisdiction:

England and Wales

Citing:

CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedRegina v Clark CACD 2-Oct-2000
. .
CitedRegina v Sally Clark CACD 11-Apr-2003
The defendant appealed against her conviction for the murder of her two infant children by, in the one case, smothering and, in the other, suffocation. Amongst the experts called at her trial by the Crown was Professor Sir Roy Meadow. The . .
CitedRegina v Angela Cannings CACD 19-Jan-2004
The defendant had been convicted of murdering her children. The substance of the evidence against her was that on a medical expert. His evidence was disputed and later doubted.
Held: Appeal allowed. In general courts should be careful to . .
CitedIn Re W (Minors) (Social Worker: Disclosure); Re W (Disclosure to Police) CA 26-Mar-1998
A social worker may disclose admissions made during investigation into child abuse, to the police without the court’s permission, where the information had not been incorporated in the welfare report filed at the court. The rule (against disclosure) . .
CitedP v BW (Children Cases: Hearings in Public) FD 2003
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 . .
CitedIn re de Beaujeu’s Application ChD 1949
Publication of the content of wardship proceedings, against the direction of the judge prohibiting publication, was a contempt of court. Wynn-Parry J said: ‘In my judgment in proceedings involving wards of court the judge has a complete discretion . .
CitedIn re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
CitedX v Dempster FD 9-Nov-1998
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother.
Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the . .
CitedBritish Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
CitedRe L (A Minor) (Wardship: Freedom of Publication) FD 1988
The mere fact that a child is known to be a ward of court is not sufficient to make any publication identifying the child a contempt of court. . .
CitedRe W (Wards) (Publication of Information) FD 1989
An injunction was given to prohibit wards of court being named during the Cleveland child abuse inquiry. A summary of what has been said in court and written before hand in statements and reports are as much prohibited from publication as are direct . .
CitedIn Re G (Minors) (Celebrities: Publicity) CA 4-Nov-1998
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the . .
CitedMapp v News Group Newspapers Limited; Gillan v News Group Newspapers Limited and similar CA 27-Feb-1997
The judge is to consider the range of meanings of words and decide if they are capable of having a defamatory meaning. Meaning is not a job for the jury: ‘In my judgment, the proper role for the judge, when adjudicating a question under Ord.82,r.3A, . .
CitedOfficial Solicitor v News Group Newspapers FD 1994
There had been a conviction of a nurse for multiple murders. The defendant was approached by a third party and published evidence taken from children’s proceedings.
Held: The defendant was guilty of contempt. . .
CitedPickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .
CitedIn re Manda CA 1993
A wardship court can extend its protection beyond the age of majority where a public interest was identified that required it. Whilst those who give evidence in child proceedings can normally assume that their evidence will remain confidential, they . .
CitedIn re M (a Child) (Disclosure: Children and Family Reporter) CA 31-Jul-2002
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 . .
CitedIn Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material) CA 22-Oct-1996
Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. . .
CitedIn re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
CitedA County Council v W and others (Disclosure) FD 1997
In the absence of section 12 it would be contempt to disclose matter before a children’s court to the General Medical Council. . .
CitedBrown v Matthews CA 1990
There is a public interest in encouraging the frank and ready co-operation from people as diverse as doctors, school teachers, neighbours, the child in question, the parents themselves, and other close relations, including other children in the same . .
CitedIn re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
CitedA Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .
CitedA Health Authority v X (Discovery: Medical Conduct) CA 2001
The court considered whether papers in a children’s case should be made available to the GMC: ‘There is obviously a high public interest, analogous to the public interest in the due administration of criminal justice, in the proper administration of . .
CitedRe D (Minors) (Wardship: Disclosure) CA 1994
The most important factor pointing against disclosure, other than the interests of the child involved is ‘the importance of confidentiality in wardship proceedings and the frankness which it engenders in those who give evidence to the wardship . .
CitedIn Re R (A Minor) (Wardship: Restraint of Publication) CA 25-Apr-1994
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose . .
CitedClibbery v Allan and Another FD 2-Jul-2001
There is nothing inherently different in Family Division proceedings to justify an implied ban on all disclosures of matters proceeding in chambers. Here no children or other sensitive matters were involved. The simple filing of an affidavit . .
CitedAllan v Clibbery (1) CA 30-Jan-2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
CitedZ v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
CitedB v The United Kingdom; P v The United Kingdom ECHR 24-Apr-2001
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were . .
CitedRe Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
CitedAxen v Germany ECHR 8-Dec-1983
‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, . .
CitedP v BW (Children Cases: Hearings in Public) FD 2003
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 . .
CitedIn re W (Wardship: Discharge: Publicity) CA 1995
Four wards of court aged between nine and 14 had given an interview to a newspaper reporter, who plainly knew that they were wards of court, in circumstances which clearly troubled both the Official Solicitor, their guardian ad litem, who . .
CitedRe L (Care: Assessment: Fair Trial) FD 2002
The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents.
Munby . .
CitedPrager And Oberschlick v Austria ECHR 26-Apr-1995
Article 10 requires that journalists be permitted a good deal of latitude in how they present their material and that a degree of exaggeration must also be accepted. The media have a special place in any democratic society as purveyor of information . .
CitedRe X (Non-Accidental Injury: Expert Evidence) FD 11-Apr-2001
A child had been injured, and the local authority sought a care order. An expert witness for the parents had argued that the child may have suffered a condition of Temporary Brittle Bone Disease (TBBD).
Held: Though the parents had been . .
CitedWorm v Austria ECHR 29-Aug-1997
ECHR Preliminary objection rejected (six month period); No violation of Art. 10 – ‘The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedIn Re A (A Minor) (Disclosure of Medical Records to GMC) FD 21-Aug-1998
Applications by the General Medical Council for court records in order to pursue professional misconduct proceeding, should follow new routine of having two court hearings, ex parte appointment and on notice rather than previous three stages system. . .
CitedIn re W (A Minor) (Wardship: Restrictions on Publication) CA 1992
The court considered the risks of a child being identified despite restrictions on disclosure: ‘It is to be anticipated that in almost every case the public interest in favour of publication can be satisfied without any identification of the ward to . .
CitedB (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
CitedB (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .

Cited by:

CitedF v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
CitedPelling 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 . .
CitedO and others (Children); In re O (Children), In re W-R (a Child), In re W (Children) CA 22-Jun-2005
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 . .
CitedBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedNorfolk County Council v Webster and others FD 17-Nov-2006
There had been care proceedings following allegations of physical child abuse. There had been a residential assessment. The professionals accepted the parents’ commitment to their son, but also found that they were unreliable. It was recommended . .
CitedBritish Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 17 May 2022; Ref: scu.194844

S v G: FC 14 Jan 2015

The obligation on the court in a relocation case is fundamentally the same as in any other decision about a child’s upbringing.

Citations:

[2015] EWFC 4

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 17 May 2022; Ref: scu.542015

Poel v Poel: CA 1970

The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child permanently from the jurisdiction. If they were not allowed to take the child with them they were prepared to give up their plans to emigrate. The county court judge refused the application.
Held: The appeal succeeded.
Winn LJ said: ‘I am very firmly of opinion that the child`s happiness is directly dependent not only upon the health and happiness of his own mother but upon her freedom from the very likely repercussions of an adverse character, which would result affecting her relations with her new husband and her ability to look after her family peacefully and in a psychological frame of ease, from the refusal of the permission to take this boy to New Zealand which I think quite clearly his welfare dictates.’
Sachs LJ said: ‘When a marriage breaks up, then a situation normally arises when the child of that marriage, instead of being in the joint custody of both parents, must of necessity become one who is in the custody of a single parent. Once that position has arisen and the custody is working well, this court should not lightly interfere with such reasonable way of life as is selected by that parent to whom custody has been rightly given. Any such interference may, as Winn LJ has pointed out, produce considerable strains which would be unfair not only to the parent whose way of life is interfered with but also to any new marriage of that parent. In that way it might well in due course reflect on the welfare of the child. The way in which the parent who properly has custody of a child may choose in a reasonable manner to order his or her way of life is one of those things which the parent who has not been given custody may well have to bear, even though one has every sympathy with the latter on some of the results.’

Judges:

Sachs LJ, Winn LJ

Citations:

[1970] 1 WLR 1469

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
CitedIn 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 . .
CitedA v A CA 1979
The mother had been given leave to take the child of the family out of the jurisdiction. The father sought leave to appeal.
Held: Ormrod LJ said: ‘It is always difficult in these cases when marriages break up where a wife who, as this one is, . .
CitedChamberlain v de la Mare CA 1983
The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the . .
CitedLonslow v Hennig CA 1986
The mother sought leave to remove the children of the family against the father’s wishes. She wanted to move to New Zealand. The judge at first instance had refused her application. She appealed.
Held: The appeal succeeded. Though the first . .
ConfirmedIn re H (application to remove from jurisdiction) FD 1998
The mother had remarried and now wished to move to the United States with her new husband, an American. The father had played an unusually large role in caring for the child as a baby and continued to keep closely in touch with her. The judge said . .
CitedIn Re C (leave to remove from the jurisdiction) CA 2000
The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.260328

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.

Citations:

1986 SLT 169

Cited by:

CitedRoyal 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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Housing, Children, Local Government

Updated: 17 May 2022; Ref: scu.259630

In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

The grandparents of E who had obtained a special guardianship order to take care of their grand-daughter, whose parents were addicted to drugs, appealed an order refusing them permission to change her surname to theirs.
Held: The decision was not inconsistent with the grant of the order giving them parental responsibility. The court retained its power of oversight. Her sense of identity was a problem, but honesty remained the best policy. The family had to face up to its fractured constitution. The appeal failed.

Judges:

Ward LJ, Wilson LJ, Foulson LJ

Citations:

Times 11-Apr-2007

Statutes:

Children Act 1989 14B(2), Adoption and Children Act 2002

Jurisdiction:

England and Wales

Children

Updated: 17 May 2022; Ref: scu.251526

Re X; Barnet London Borough Council v Y and Z: FD 2006

The judge refused to endorse a local authority’s care plan, and invited the local authority to reconsider it. He criticised the local authority for taking an important decision in pending care proceedings without any warning to the guardian and without involving her in any way.
Public law ‘cases, by definition, involve interference, intrusion, by the State, by local authorities, into family life. It might be thought that in this context at least the arguments in favour of publicity – in favour of openness, public scrutiny and public accountability – are particularly compelling.’

Judges:

Munby J

Citations:

[2006] 2 FLR 998

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Cited by:

CitedCheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.250048

Hodak v Newman and Hodak: 1993

(Family Court of Australia) Lindenburgh J said: ‘I am of the opinion that the fact of parenthood is to be regarded as an important and significant factor in considering which proposals better advance the welfare of the child. Such fact does not, however, establish a presumption in favour of the natural parent, nor generate a preferential position in favour of the natural parent from which the Court commences its decision-making process . . Each case should be determined upon an examination of its own merits and of the individuals there involved.’

Judges:

Lindenmayer J

Citations:

(1993) 17 Fam LR 1, [1993] FamCA 83, (1993) FLC 92-421

Links:

Austlii

Cited by:

ApprovedRice v Miller 10-Sep-1993
(Family Court of Australia) Whilst there is a legislative presumption regarding equal shared parental responsibility between parents there is no presumption in favour of parents (jointly or severally) as regards the placement of children nor a . .
ApprovedRe Evelyn CA 1998
. .
CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Lists of cited by and citing cases may be incomplete.

Children, Commonwealth

Updated: 17 May 2022; Ref: scu.244487

Re D (Contact and Parental Responsibility: Lesbian Mothers and Known Father): 2006

Citations:

[2006] 1 FCR 556

Jurisdiction:

England and Wales

Cited by:

CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.244492

S v Oxfordshire County Council: FD 1993

The failure by magistrates to give reasons for making an order is a serious deficiency and should occur only exceptionally: ‘It would be unjust to this child to allow a decision to stand which so affected his future without at least understanding the main bases upon which the decision was reached.’

Judges:

Connell J

Citations:

[1993] 1 FLR 452

Jurisdiction:

England and Wales

Cited by:

CitedIn re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
Lists of cited by and citing cases may be incomplete.

Children, Magistrates

Updated: 17 May 2022; Ref: scu.241298

F v Kennedy (No. 1): 1993

The evidence of a child who is not a competent witness is not admissible.

Citations:

1993 SLT 1277

Jurisdiction:

Scotland

Cited by:

CitedSanderson v McManus HL 6-Feb-1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed.
Held: The father could not appeal on a question of fact alone. There . .
Lists of cited by and citing cases may be incomplete.

Children, Evidence

Updated: 17 May 2022; Ref: scu.237537

M v Kennedy: 1993

Competency of young child to give evidence.

Citations:

1993 SCLR 69

Jurisdiction:

Scotland

Cited by:

CitedSanderson v McManus HL 6-Feb-1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed.
Held: The father could not appeal on a question of fact alone. There . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.237535

C v Solihull Metropolitan Borough Council: FD 1993

The court allowed a limited period of ‘planned and purposeful delay’ before making a care order. Ward J: ‘We have heard much, as we have prepared for the implementation of the Children Act 1989, about partnership. One of those partnerships is the very important one between the court and the local authority, where the part played by the court is to consider all the facts that are presented to it by the local authority and to make a decision finally disposing of the case only when all of those facts are as clearly known to the court as can be hoped. ‘

Judges:

Ward J

Citations:

[1993] 1 FLR 290

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Cited by:

CitedKent 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 . .
CitedCheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.235325

Berkshire County Council v C and others: QBD 1993

Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a delay until a certain date because of a lack of resources. The court then made a further order which repeated the order for an assessment and specified that it should be provided by a certain date, a date which was before the date promised by the authority. The authority appealed.
Held: The court order stood. Provided only that the court had considered and taken proper account of the information on the authority’s resources, and it was not manifestly wrong, there was no scope to vary the order.

Citations:

[1993] 1 FLR 569, [1993] 2 WLR 475

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government, Magistrates

Updated: 17 May 2022; Ref: scu.228012

Re L (Abduction: Pending Criminal Proceedings): FD 1999

In a child abduction case, the court considered whether a child was settled within the UK if his whereabouts had been hidden: ‘The mother might or might not have demonstrated that the children were now settled in their new environment. The proposition is harder to demonstrate than at first appears. In Re S (A Minor) (Abduction) [1992] 2 FLR 1, 24C, Purchas LJ described what was required as a long-term settled position; and in Re N (Minors) (Abduction) [1991] 1 FLR 413, 418C, Bracewell J observed that the position had to be as permanent as anything in life could be said to be permanent. Whether a Danish mother who has been present with the children in England for a year only because it has been a good hiding-place and who faces likely extradition proceedings could demonstrate the children’s settlement in England within the meaning of those authorities is doubtful.’

Judges:

Wilson J

Citations:

[1999] 1 FLR 433

Citing:

CitedRe S (A Minor) (Abduction) CA 1991
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new . .
CitedRe 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 by:

CitedCannon 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 . .
CitedRe H (Abduction: Child of Sixteen) FD 2000
The court considered the position as to whether a child was to be deemed to be settled after having been within the UK for a period of more than one year: ‘It is the case, looking at the relative dates, that these proceedings were commenced after . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.219128

M v M: FD 8 Oct 1990

Judges:

Butler-Sloss P

Citations:

Unreported, 8 October 1990

Statutes:

Child Abduction and Custody Act 1985 12

Cited by:

CitedRe 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 . .
CitedCannon 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.

Children

Updated: 16 May 2022; Ref: scu.219120

In re O (Abduction: Consent and Acquiescence): FD 1997

Judges:

Bennett J

Citations:

[1997] 1 FLR 924

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 12 13

Citing:

DisappovedIn re C (Abduction: Consent) FD 1996
The Convention specifically placed the issue of consent within article 13. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.200448

A County Council v W and others (Disclosure): FD 1997

In the absence of section 12 it would be contempt to disclose matter before a children’s court to the General Medical Council.

Judges:

Cazalet J

Citations:

[1997] 1 FLR 574

Statutes:

Children Act 1989 12

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.194852

In re Manda: CA 1993

A wardship court can extend its protection beyond the age of majority where a public interest was identified that required it. Whilst those who give evidence in child proceedings can normally assume that their evidence will remain confidential, they are not entitled to assume that it will remain confidential in all circumstances. The court referred to the ‘curtain of privacy’ imposed by the family court for the protection of the particular child.
The court referred to the ‘curtain of privacy’ imposed by the family court for the protection of the particular child. Balcombe LJ said: ‘if social workers and others in a like position believe that the evidence they give in child proceedings will in all circumstances remain confidential, then the sooner they are disabused of that belief, the better.’

Judges:

Sir John Megaw, Balcombe LJ

Citations:

[1993] Fam 183, [1993] 1 FLR 205

Jurisdiction:

England and Wales

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
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 . .
CitedBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.194853

In re de Beaujeu’s Application: ChD 1949

Publication of the content of wardship proceedings, against the direction of the judge prohibiting publication, was a contempt of court. Wynn-Parry J said: ‘In my judgment in proceedings involving wards of court the judge has a complete discretion to allow or forbid publication of the proceedings or any order made therein. In the absence of any special direction, I am of opinion that prima facie it would be a contempt of court to publish an account of proceedings relating to an infant conducted in chambers without the express permission of the judge who heard the case.’

Judges:

Wynn-Parry J

Citations:

[1949] 1 All ER 439, [1949] Ch 230

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.194847