Category: Children

T and Others, Regina (on The Application of) v The Secretary of State for Education: Admn 6 Oct 2018

Claim for judicial review brought by three parents and three children challenging regulations which have the effect that the defendant, the Secretary of State for Education, is to secure that an additional 15 hours a week of free childcare is available for children of working parents.

Judges:

Lewis J

Citations:

[2018] EWHC 2582 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Benefits

Updated: 30 May 2022; Ref: scu.625912

In Re L (A Minor) (Section 37 Direction): CA 5 Feb 1999

The child was cared for by the maternal grandmother. The court was asked to make orders with regard to the extent of contact for natural mother, and father.
Held: In private Children Act proceedings it was generally inappropriate for the judge to order an investigation under s 37, which is a public law procedure. Cases which were not clearly urgent could not warrant such an order.

Citations:

Times 11-Feb-1999, Gazette 03-Mar-1999, [1999] EWCA Civ 723

Statutes:

Children Act 1989 37

Jurisdiction:

England and Wales

Children

Updated: 30 May 2022; Ref: scu.145638

P (A Minor), Regina (on the Application of) v Barking Youth Court: Admn 17 Apr 2002

Application for judicial review of decision that a child, P, was fit to stand trial on accusations of offences under the 1971 and 1997 Acts.

Judges:

Wright J

Citations:

[2002] EWHC 734 (Admin), [2002] MHLR 304, [2002] 2 Cr App R 19, [2002] Crim LR 657, (2002) 166 JP 641

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, Criminal Damage Act 1971, Youth Courts (Constitution) Rules1954

Jurisdiction:

England and Wales

Criminal Practice, Children

Updated: 30 May 2022; Ref: scu.241517

Re: CB and JB (care proceedings: guidelines): FD 8 Apr 1998

The court gave guidelines for procedures at preliminary hearings in care cases, and as to psychiatric evidence: ‘(iv) Evidence of propensity or psychiatric or psychological assessment of one of the parties is unlikely to be of any assistance in resolving a purely factual issue. There will in any event be before the court evidence from the Local Authority and the parents relating to the history of the case and the backgrounds of each of the parents. A psychologist or psychiatrist instructed to undertake an assessment of a parent for the first stage of a split hearing is unlikely to have a complete knowledge of the facts.
(vi) Furthermore, such a witness may, as here, express opinions as to propensity or as to responsibility for a child’s injuries which are both prejudicial and wrong. The assessment of adult credibility as to the responsibility for a child’s injuries (often the critical factual issue) remains the function of the judge. In my judgment, therefore, a psychiatric or psychological assessment of the parties should not be permitted at the first stage of a split trial unless the particular facts of the case demonstrate that such evidence is or is likely to be directly relevant to the factual issue to be tried.’

Judges:

Wall J

Citations:

[1998] 2 FLR 211, [1998] EWHC Fam 2000

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening) CA 14-May-2004
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the . .
Cited – Lancashire County Council v R (A Minor) and others FD 4-Dec-2008
The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother.
Held: The injuries were not likely to . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 30 May 2022; Ref: scu.196919

Re 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 court’.’

Judges:

Sir Stephen Brown P

Citations:

[1994] 1 FLR 346

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 30 May 2022; Ref: scu.194854

Regina (R and Others, Minors) v Children and Family Court Advisory and Support Service; Regina (P, a Minor) v Same: QBD 17 Jan 2003

The Act established the respondent (Cafcass) with a duty to provide officers to take appointment as guardian’s in proceedings involving children. Complaint was made that they did not provide such officers immediately upon request.
Held: The point applied to all situations where the Service was called upon to provide an officer. The argument advanced that Cafcass was under a duty to provide an officer immediately upon notification from the court was not supported in the statute. Immediate appointments were not necessary or efficient. The general rule was that no particular time was implied from the statute. However here Cafcass had agreed that one should be made available as soon as possible given its financial resources.

Judges:

Charles J

Citations:

Times 24-Jan-2003, Gazette 20-Mar-2003

Statutes:

Criminal Justice and Court Services Act 2000 12

Jurisdiction:

England and Wales

Children, Family

Updated: 30 May 2022; Ref: scu.178775

In Re D (Minors) (Adoption Reports: Confidentiality): CA 8 Dec 1994

A guardian ad litem’s promise of confidentiality to a child can broken by a court, and the guardian must be careful in making such promises.

Citations:

Times 08-Dec-1994

Statutes:

Adoption Rules 1984 53(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Re D (Minors) (Adoption Reports: Confidentiality) HL 1-Sep-1995
The House considered whether it was right for a tribunal to see and rely upon papers not disclosed to the parties. Lord Mustill said: ‘a first principle of fairness that each party to a judicial process shall have an opportunity to answer by . .
Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 29 May 2022; Ref: scu.81831

In Re R-J (Minors) (Fostering: Person Disqualified): CA 2 Oct 1998

Where a local authority would be bound to remove children from a foster couples home, and adoption was also impossible, but guardian ad litem and the court preferred the children to stay with the foster parents a private law residence order could be used.

Citations:

Times 09-Oct-1998, Gazette 14-Oct-1998, [1998] EWCA Civ 1473, [1999] 1 WLR 581

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 29 May 2022; Ref: scu.82152

In re M (Children) (Contact: Long term best interests): CA 21 Jun 2005

The parents had separated, but the children lived with the father. The mother had sought contact. The father was said to have poisoned the minds of the children against the mother, who now appealed an interim order which made no provision for contact.
Held: It would clearly be in the long term interests of the children to have contact with a loving mother. An interim order which did nothing to address that by making some provision was clearly wrong. The views of the now teenage children would normally be respected but in this case their unwillingness had been caused by the father and should be disregarded.

Judges:

Ward LJ, Baker LJ

Citations:

Times 28-Jun-2005

Jurisdiction:

England and Wales

Children

Updated: 29 May 2022; Ref: scu.227955

Help Refugees Ltd, Regina (on The Application of) v The Secretary of State for Home Department and Another: CA 3 Oct 2018

United Kingdom’s response to the humanitarian crisis in Europe brought about by the mass migration of unaccompanied asylum-seeking children (‘UAS children’) from the Middle East and North Africa, particularly as a result of the conflicts in Syria and Sudan.

Citations:

[2018] EWCA Civ 2098

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Children

Updated: 29 May 2022; Ref: scu.625414

Re I (A Child): CA 17 Jan 2002

mother’s application for permission to appeal an order granting permission to the father to remove their son, T, permanently from the jurisdiction to live in Spain.

Citations:

[2002] EWCA Civ 26

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 29 May 2022; Ref: scu.216708

A v The London Borough of Lambeth: Admn 25 May 2001

The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them.
Held: The structure the section is general, and point very clearly to a discretion, rather than a duty, to provide accommodation in any individual case. The Act also provides a distinction between a duty to provide services and any duty to provide housing. The duties are target ones. The 1970 Act does not include a power to provide accommodation.

Citations:

[2001] EWHC Admin 376

Links:

Bailii

Statutes:

Children Act 1989 17, Carer’s Recognition and Services Act 1995, Chronically Sick and Disabled Persons Act 1970

Citing:

Cited – Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim Admn 31-Mar-1999
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Re G CA 11-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Housing

Updated: 29 May 2022; Ref: scu.140334

Regina (on the Application of AB and SB) v Nottingham City Council: Admn 30 Mar 2001

A local authoity’s failure to fulfil its obligations may be the subject of a mandatory order in approriate cases. The Court ordered a local authority to carry out a full assessment of a child’s needs in accordance with the guidance given by the Secretary of State in ‘Framework for the Assessment of Children in Need and their Families’

Judges:

Richards J

Citations:

(2001) 4 CCLR 295, [2001] EWHC Admin 235

Links:

Bailii

Statutes:

Children Act 1989 17

Cited by:

Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 29 May 2022; Ref: scu.140305

Application for Permission; Bibi: Admn 20 Jul 1999

Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.

Judges:

Tucker J

Citations:

[1999] EWHC Admin 711

Links:

Bailii

Statutes:

Children Act 1989 20

Housing, Local Government, Children

Updated: 28 May 2022; Ref: scu.139975

Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999

Continuing duties of local authrity to children who have been in care on attaining majority.

Citations:

(1999) 3 CCLR 38, [1999] EWHC Admin 464

Links:

Bailii

Statutes:

Children Act 1989 24

Cited by:

Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 28 May 2022; Ref: scu.139728

Regina v Portsmouth Hospitals NHS Trust ex parte Glass: Admn 22 Apr 1999

Application with regard to continuation or otherwise of life saving treatment for a child.

Citations:

[1999] EWHC Admin 343, [1999] 2 FLR 905

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Portsmouth Hospitals Nhs Trust ex parte Carol Glass Admn 21-Apr-1999
. .

Cited by:

Appeal from – Regina v Portsmouth Hospitals NHS Trust (ex parte Glass) CA 21-Jul-1999
The courts can not intervene between a parent and her child’s doctors to control future medical care of the child. Such decisions must be made as they presented themselves. In such cases the child’s best interests took precedence over strict . .
Cited – Wyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
Lists of cited by and citing cases may be incomplete.

Health, Children

Updated: 28 May 2022; Ref: scu.139607

Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass: Admn 21 Apr 1999

Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted.

Citations:

[1999] EWHC Admin 331

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39

Cited by:

See Also – Regina v Portsmouth Hospitals Nhs Trust ex parte Carol Glass Admn 21-Apr-1999
. .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 28 May 2022; Ref: scu.139595

Re M (Female Genital Mutilation Protection Order: No Order On Application): FD 18 Feb 2019

The court was asked whether a female genital mutilation protection order made without notice to the parents in respect of M and continued thereafter should, in fact, continue until M is 18 or older.

Judges:

Knowles J

Citations:

[2019] EWHC 527 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Crime

Updated: 28 May 2022; Ref: scu.634807

In re M (Children) (Care order: Removal): CA 3 Nov 2005

The parents appealed an interim care order.
Held: The court making such a decision must balance not only the danger to te child proposed by the local authority, but also the damage which would be caused by separating the child from the parents. The parents had not been given an opportunity to cross examine the guardian ad litem who had filed new evidence on the morning of the hearing. This was unfair. It was an unusual case because attempts to remove older siblings had failed because they had been very clearly in favour of staying at home.

Judges:

Thorpe LJ

Citations:

Times 11-Nov-2005

Jurisdiction:

England and Wales

Children

Updated: 28 May 2022; Ref: scu.235826

In re W (Children: Removal into Care): CA 4 May 2005

Parents complained of an infringement of their human rights when their children were taken into care. The care orders had been made by consent in early 2004, under which the children were to stay at home. The parents failed to comply with conditions attached and in May 2004, the authority gave notice that it would, under the order, seek to remove the children to their care. The parents issued an application for the care orders to be discharged.
Held: The parents’ applications was misconceived, and failed. Any complaint under Human Rights must be made much earlier.

Judges:

Thorpe, Wall LJJ

Citations:

Times 25-May-2005

Jurisdiction:

England and Wales

Children, Human Rights

Updated: 28 May 2022; Ref: scu.226034

Central Regional Council v B: 1985

In the absence of any specific provision forbidding or restricting appeals, the presumption was that the ordinary rules applied in respect of a summary application. Since those rules allowed appeals, the plea to the competency of an appeal from the sheriff in that case was repelled.

Citations:

1985 S L T 413

Statutes:

Social Work (Scotland) Act 1968

Jurisdiction:

England and Wales

Cited by:

Cited – Glasgow City Council v DH and Another IHCS 17-Jul-2003
Exclusion orders had been sought under the Act, but refused for non-compliance with procedures under the Act. New applications were made to different courts, and the applicant said it was not open to the Authorities to make the same application . .
Lists of cited by and citing cases may be incomplete.

Scotland, Children

Updated: 28 May 2022; Ref: scu.184721

Mrs U v Centre for Reproductive Medicine: CA 2002

The 1990 Act lays great emphasis upon consent. Scientific techniques developed since the first IVF baby open up the possibility of creating human life in quite new ways bringing huge practical and ethical difficulties. These have to be balanced against the strength and depth of the feelings of people who desperately long for the children which only these techniques can give them, as well as the natural desire of clinicians and scientists to use their skills to fulfil those wishes. Parliament has devised a legislative scheme and a statutory authority for regulating assisted reproduction in a way which tries to strike a fair balance between the various interests and concerns. Centres, the HFEA and the courts have to respect that scheme, however great their sympathy for the plight of particular individuals caught up in it.

Judges:

Hale LJ

Citations:

[2002] EWCA Civ 565

Statutes:

Human Fertilisation and Embryology Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal from – The Centre for Reproductive Medicine v U FD 24-Jan-2002
The defendant sought to use the sperm of her deceased husband for her insemination. The deceased had apparently withdrawn his consent to the use of his sperm posthumously. His widow claimed that he had been influenced to change the form, by an . .

Cited by:

Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
Lists of cited by and citing cases may be incomplete.

Health, Children

Updated: 28 May 2022; Ref: scu.182938

Regina v Preston Crown Court ex parte Lancashire County Council: Admn 20 Jan 1998

A parent or person responsible for a child who had been summonsed to appear at the youth court was in a sufficient sense themselves an accused person to be able to apply for a defendant’s costs order after a case is withdrawn.
The court sought to construe the section in a manner wide enough to give it jurisdiction to deal with the defendant.

Citations:

Times 23-Nov-1998, [1998] EWHC Admin 40, [1999] 1 WLR 142

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 55, Prosecution of Offenders Act 1985 16

Cited by:

Cited – Regina v Moore CACD 12-May-2003
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion.
Held: The making . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Children, Criminal Practice, Costs

Updated: 27 May 2022; Ref: scu.138161

Re S-W (Children): CA 30 Jan 2015

Appeal from care orders: ‘The judge’s approach could not have been more robust. He sought to justify such an approach on the basis that recent family justice reforms and case law. There is a need for the Court of Appeal to consider whether such a robust summary approach is justified and/or required by the recent extensive changes to procedure and case law and, if so, how the basic requirements of a fair trial and judicial analysis are to be accommodated in such a process’.
Sir James Munby P said: ‘We are all familiar with the aphorism that ‘justice delayed is justice denied’. But justice can equally be denied if inappropriately accelerated . . ‘

Judges:

Sir James Munby P FD, Lewison, King LJJ

Citations:

[2015] EWCA Civ 27

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 26 May 2022; Ref: scu.542018

Raban v Romania: ECHR 26 Oct 2010

The father complained that the Romanian courts had not ordered the return of his daughter when in his view they should have done.

Citations:

25437/08, [2010] ECHR 1625

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 26 May 2022; Ref: scu.425731

In re G (Children) (Removal from jurisdiction): CA 26 Jan 2005

The mother sought to be allowed to move to Argentina with the two children of the family. The judge had found that she had lived her adult life in England and was resilient. Though refusal would cause her disappointment, it would not cause her psychiatric damage.
Held: The judge had applied the wrong test. She had shown that a refusal would lead to an impact on her sense of well being which would inevitably be transmitted to the children. For that reason the application should be granted. It was almost inevitable that the unhappiness of the primary carer would be transmitted to the children.

Judges:

Thorpe, Smith LJJ

Citations:

Times 28-Feb-2005

Jurisdiction:

England and Wales

Children

Updated: 26 May 2022; Ref: scu.223319

Briffett v Director of Public Prosecutions; Bradshaw v Director of Public Prosecutions: QBD 6 Nov 2001

A bare order restricting reporting under the section was too vague to allow a later prosecution for contempt. Crook had established that the court must specify just what restrictions are to apply.

Judges:

Lord Justice Laws and Mr Justice Newman

Citations:

Times 26-Nov-2001, [2002] EMLR 12

Statutes:

Children and Young Persons Act 1933 39(1) 39(2)

Jurisdiction:

England and Wales

Citing:

Applied – Ex parte Crook CA 1995
A criminal court trying parents for the manslaughter of one child and cruelty to three others had made an order under section 39 prohibiting the identification of the surviving children. The judge expressed the view that identifying the parents or . .

Cited by:

Cited – Gazette Media Company Ltd. and Others, Regina (on the Application Of) v Teeside Crown Court CACD 26-Jul-2005
The claimants appealed an order restricting their reporting of a criminal case so as to identify the defendant.
Held: Orders preventing the naming of a defendant in order to protect associated children are unlikely to enhance any child . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Contempt of Court

Updated: 26 May 2022; Ref: scu.166857

Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support.

Citations:

Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6

Links:

Bailii

Statutes:

Children Act 1989 24(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 26 May 2022; Ref: scu.137480

In Re S (A Minor) (Child Abduction: Delay): FD 12 Nov 1997

A summary order for the return of an abducted child is not appropriate where there had been some considerable and unexplained delay in the making of the application for the return of the child.

Citations:

Times 20-Nov-1997, Gazette 12-Nov-1997

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 1980, Child Abduction and Custody Act 1985

Jurisdiction:

England and Wales

Children

Updated: 25 May 2022; Ref: scu.82168

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Section 17(1) imposes an obligation in respect of the needs of an individual child.

Judges:

Kay J

Citations:

(1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294

Links:

Bailii

Statutes:

Children Act 1989 17(1)

Cited by:

Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte Makila Ebuki and Brandon Ebuki (By His Mother and Litigation Friend Makila Ebuki) Admn 5-Dec-2000
The applicants sought judicial review of the Council’s decision to evict her and her children from emergency accommodation for the homeless without further provision, saying the council failed its duty to her child under section 17.
Held: The . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Local Government

Updated: 25 May 2022; Ref: scu.136949

Tickle v Council of The Borough of North Tyneside and Others: FD 19 Oct 2015

Cross-applications by a freelance journalist Louise Tickle and a Local Authority, the Council of the Borough of North Tyneside. By her application Louise Tickle seeks permission to report certain care proceedings, whilst the Local Authority seeks a reporting restriction order (‘RRO’).

Judges:

Bodey J

Citations:

[2015] EWHC 2991 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Media

Updated: 25 May 2022; Ref: scu.554082

Abbasi and Another v Newcastle Upon Tyne Hospitals NHS Foundation Trust: FD 23 Jun 2021

Jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of ‘end of life’ proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.

Judges:

Sir Andrew Mcfarlane P

Citations:

[2021] EWHC 1699 (Admin), [2022] 2 WLR 465, [2021] WLR(D) 373

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Media, Children

Updated: 25 May 2022; Ref: scu.663815

M v M: FD 8 Oct 1990

Judges:

Butler-Sloss P

Citations:

Unreported, 8 October 1990

Statutes:

Child Abduction and Custody Act 1985 12

Jurisdiction:

England and Wales

Cited by:

Cited – Re N (Minors) (Abduction) FD 2-Jan-1991
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal . .
Cited – Cannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 25 May 2022; Ref: scu.219120

Sanderson 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 had been delay in the matter coming before the House. The Sherriff’s decision was criticised as having been made on the basis of hearsay. He had not considered whether the child was old enough to be competent to give evidence, but the Sherriff Principal had excluded reliance upon the child’s evidence in his own consideration. Section 3(2) of the 1995 Act gave the court a wide discretion to as to the considerations pointing one way or the other which it may take into account, subject to the need to give effect to the welfare of the child. Contrary to appearance, the order did not sever links with the child permanently. The father could make a renewed application. ‘The more fundamental question however is whether the natural link between the child and his parent is so important that the court must always seek to preserve it unless there are strong reasons to the contrary. ‘ Here, the Sherrif had found that the ‘pursuer was thinking in terms of his own rights as the child’s natural father, rather than what was best for the child. It is implicit in his criticism of the pursuer and his whole approach to the case that he understood that the point of the pursuer’s application was his wish as the child’s father to preserve the natural link. The issues to which the Sheriff and in his turn the Sheriff Principal directed their attention were the issues which related to the fundamental question as to whether it was in the best interests of the child that access should be allowed in order that this link should continue. ‘ The appeal was dismissed.

Judges:

Lord Goff of Chieveley Lord Mustill Lord Slynn of Hadley Lord Hope of Craighead Lord Clyde

Citations:

[1997] UKHL 1, 1997 SC (HL) 55

Links:

House of Lords, Bailii

Statutes:

Civil Evidence (Scotland) Act 1988 2(1)(b), Court of Session Act 1988 32(5), Children (Scotland) Act 1995 3(2), Law Reform (Parent and Child) (Scotland) Act 1986

Jurisdiction:

Scotland

Citing:

Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Cited – Brixey v Lynas HL 2-Jul-1996
Delay after a hearing will increase the reluctance of an appellate court to interfere with the decision of a court on the evidence. . .
Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Cited – F v Kennedy (No. 1) 1993
The evidence of a child who is not a competent witness is not admissible. . .
Cited – M v Ferguson 1994
The court looked at whether a young child was competent to give evidence. . .
Cited – Porchetta v Porchetta 1986
Before the Act of 1986 was enacted, a father did not have an absolute right to access to his child. He is only entitled to access if the court is satisfied that that is in the best interests of the child, and that the onus to show that is on the . .
Cited – Montgomery v Lockwood 1987
The pursuer had no right of access to the child unless the court granted it and that the court could not make any order unless it was satisfied that to do so would be in the interests of the child. . .
Cited – Russell v Russell 1991
. .
Cited – M v Kennedy 1993
Competency of young child to give evidence. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 May 2022; Ref: scu.135029

Dawson 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 appeal succeeded. When considering changing a child’s name by means of a specific issue order, the court must follow the issues identified in section 1 of the Act, and a court order is to be made only if it will be in the best interests of the child. In this case there was no need to use father’s name
HL Lord Mackay of Clashfern: ‘The application of section 1 so long as they take account of the criteria there in question is a matter within the discretion of the Court of Appeal and I can see no ground for suggesting that they have erred in principle. The heavy emphasis on registration is, I think, a reflection of the fact that they considered that the judge had wrongly left that out of account and that the application must be understood as for a change from a name already registered and therefore in the light of section 1 of the Act of 1989 some circumstances required to be pointed to which would justify making that change in the interests of the child’s welfare. In fairness to the Court of Appeal it must be pointed out that, although they described the fact that the name sought to be changed was the duly registered name as ‘all-important’, they coupled that with the circumstances that the name Wearmouth was the mother’s actual name at the time it was chosen for her as well as being that of Alexander’s half-brother and half-sister, in stating their view that their discretion should be exercised against the making of the order for change . . . In my opinion on a fair reading of the decision of the Court of Appeal they were suggesting not that the registration was conclusive of the issue in the present case but that in order to justify changing the name from that which was registered circumstances justifying the change would be required and they concluded in the exercise of their discretion that there were no such circumstances of sufficient strength to do so in the present case.’
HL Lord Jauncey of Tullichettle: A surname which is given to a child at birth is not simply a name plucked out of the air. Where the parents are married the child will normally be given the surname or patronymic of the father thereby demonstrating its relationship to him. The surname is therefore a biological label which tells the world at large that the blood of the name flows in its veins. To suggest that a surname is unimportant because it may be changed at any time by deed poll when the child has attained more mature years ignores the importance of initially applying an appropriate label to that child.’ and ‘My Lords, I accept, of course, as the authorities make clear, that the changing of a child’s surname is a matter of importance and that in determining whether or not a change should take place the court must first and foremost have regard to the welfare of the child. There are many factors which must be taken into account, not only those pertaining to the present situation but also those which are likely to affect the child in the future. Just as the fact that the mother happens to bear a different surname from the child is not a sufficient reason for changing the child’s surname (in re WG 6 Fam Law 210; in re C (Change of Surname) [1998] 2 FLR 656) so the fact that mother and child bear the same name should not necessarily be sufficient reason for refusing a change if there are valid countervailing reasons.’
Lord Hobhouse of Woodborough: ‘The name appearing upon a child’s birth certificate is not without importance. It has practical implications and, other things being equal, it is in the longterm interests of the child that the name by which he is known should also be the name which appears on his birth certificate.’ and ‘The fact of registration is a relevant and, maybe, important factor in assessing where the balance of advantage for the child’s welfare lies. But it is not all important.’

Judges:

Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Hobhouse of Woodborough

Citations:

Times 26-Mar-1999, Gazette 28-Apr-1999, Gazette 12-May-1999, [1999] UKHL 18, [1999] 2 AC 309, [1999] 2 All ER 353, [1999] 2 WLR 960, [1999] 1 FCR 625, [1999] 1 FLR 1167, [1999] Fam Law 378

Links:

House of Lords, House of Lords, Bailii

Statutes:

Children Act 1989 8 1, Births and Deaths Registration Act 1953

Jurisdiction:

England and Wales

Citing:

Appeal from – Dawson 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 . .
Cited – Keegan v Ireland ECHR 26-May-1994
The mother and father were not married, and their relationship broke up before the birth of the child, and the father was excluded from seeing the baby after the first time in hospital. He sought guardianship, and objected to his exclusion from . .
Cited – In re T (orse H) (An Infant) ChD 1963
The mother had by deed poll changed the paternal surname of her daughter by her first husband to that of her second husband.
Held: Buckley J said: ‘In the case of a divided family of this sort it is always one of the aims of the court to . .
Cited – In Re B (Minors) (Change of Surname) CA 1-Dec-1995
The mother sought to change the surname of the three children of the family from that of her divorced husband to that of the husband whom she had subsequently married. Her application for leave was refused by the circuit judge. She appealed.
Cited – In re W G CA 1976
The mother sought to change the name of her child from that of the natural father to the surname of her new husband.
Held: Cairns LJ said: ‘it should be realised that the mere fact that there had been a divorce, that the mother had remarried . .
Cited – L v F 31-Jul-1978
The court heard an application with regard to a proposed change of a child’s surname. The child was living en famille with its mother, stepfather and half-sister. It heard evidence from a distinguished psychologist that ‘when they grew older, . .
Cited – W v A (Minor: Surname) CA 1981
The mother of the child sought to change the child’s surname from that of the child’s father to that of her new husband.
Held: The application was refused. Dunn LJ referred to the importance of maintaining the child’s links with the paternal . .
Cited – In Re C (A Minor) (Change of Name) CA 2-Feb-1998
A parent challenging a child’s lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed. . .

Cited by:

Cited – 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 . .
Cited – Payne 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, Administrative

Updated: 23 May 2022; Ref: scu.135119

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 Also – A 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:

Cited – Durham 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 from – TN (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 instance – TN, 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