Category: Children

AB (A Child), Regina (on The Application of) v The Secretary of State for Justice: Admn 4 Jul 2017

Complaint was made that the child detained in a Young Offender Institute had, because of his challenging behaviour been held in effective solitary confinement.

Judges:

Ouseley J

Citations:

[2017] EWHC 1694 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights, Children

Updated: 05 April 2022; Ref: scu.588898

Re B (minors) (Care proceedings: practice): FD 1999

Section 31 and its associated emergency and interim provisions comprise the only court mechanism available to a local authority to protect a child from risk. The interpretation of the ‘attributable’ condition adopted by the House of Lords is necessary to avoid the unacceptable consequence that, if the court cannot identify which of a child’s carers is responsible for inflicting injuries the child will remain wholly unprotected. This would render the statutory provisions ineffective to deal with a commonplace aspect of child protection. The interpretation adopted by the House of Lords avoids this result while, at the same time, encroaching to the minimum extent necessary on the general principle underpinning the section.

Judges:

Wall J

Citations:

[1999] 1 WLR 238

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Cited by:

Cited – In re O and N (Minors); In re B (Minors) (Care: Preliminary hearing) HL 3-Apr-2003
The appeals were from conflicting decisions in care applications where one or other or both parents were guilty of lack of care, but there was no evidence to say which was responsible.
Held: The threshold criteria had been met, and the court . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 05 April 2022; Ref: scu.180420

Stewart, Regina (on The Application of) v Birmingham City Council: Admn 24 Jan 2018

Claim for judicial review concerning the decision of a local authority that a child was not a ‘child in need’ for the purposes of section 17 of the Children Act 1989, and the consequential refusal to provide the child and her parents with accommodation.

Judges:

Jeremy Baker J

Citations:

[2018] WLR(D) 55, [2018] EWHC 61 (Admin)

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Children, Housing

Updated: 04 April 2022; Ref: scu.604753

Willow v The Information Commissioner, Ministry of Justice: CA 22 Nov 2017

The appellant social worker appealed from a refusal to release under the 2006 Act of an unredacted copy of the MOJ Minimising and Managing Physical Restraint training manual. The MOJ argued that full disclosure might allow inmates to develop counter techniques.
Held: The appeal failed.

Judges:

Sir Brian Leveson P, McCombe, Nwey LJJ

Citations:

[2017] EWCA Civ 1876

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Information, Prisons, Children

Updated: 01 April 2022; Ref: scu.599605

Re Webster (A Minor): FD 23 Feb 2007

Judges:

Holman J

Citations:

[2007] EWHC 549 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Webster (the Parents) v Norfolk County Council and others CA 11-Feb-2009
Four brothers and sisters had been adopted after the parents had been found to have abused them. The parents now had expert evidence that the injuries may have been the result of scurvy, and sought leave to appeal.
Held: Leave was refused. . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 01 April 2022; Ref: scu.254467

OCC v P: FC 1 Jun 2020

Applications for care orders in respect of A, B and C and placement orders in respect of B and C. They are aged seven years, five years and just over 2 years.

Citations:

[2020] EWFC B47

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – OCC v P FC 21-Oct-2020
Local Authority’s applications for care and placement orders in relation to A . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 01 April 2022; Ref: scu.655593

Help Refugees Ltd, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 2 Nov 2017

The court was asked as to issues arising from the passing of s.67 of the 2016 Act, a provision designed to address the impact of the refugee crisis in Europe upon unaccompanied asylum-seeking children (UASC), and in particular to make arrangements for the relocation of such children from other European States to the United Kingdom.

Judges:

Treacey LJ, Ouseley J

Citations:

[2017] EWHC 2727 (Admin), [2017] WLR(D) 725, [2017] 4 WLR 203

Links:

Bailii, WLRD

Statutes:

Immigration Act 2016 67

Jurisdiction:

England and Wales

Immigration, Children

Updated: 01 April 2022; Ref: scu.599407

DP v PC: FD 1 Sep 2017

Appeal by a father against an order dismissing the application by the father for an order for contact with the two sons of the parties.

Judges:

Baker J

Citations:

[2017] EWHC 2387 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 01 April 2022; Ref: scu.598954

Re GP (A Child): CA 30 Oct 2017

The court was asked whether the child GP, who is the 11-year-old daughter of an Italian father and a Latvian mother, should be returned to Italy (which is agreed to have been her country of habitual residence at the relevant time) following her wrongful abduction from Italy to England by her mother in February 2016.

Judges:

King, Lindblom, Henderson LJJ

Citations:

[2017] EWCA Civ 1677

Links:

Bailii

Jurisdiction:

England and Wales

Children, International

Updated: 01 April 2022; Ref: scu.598463

K (Threshold – Cocaine Ingestion – Failure To Give Evidence): FD 29 Sep 2020

K died in hospital. She was only three years of age when she died. A special post-mortem and toxicology tests indicated that her death was consistent with cocaine ingestion. Her death has led to both a police investigation by the Metropolitan Police and care proceedings commenced by the Local Authority in respect of K’s siblings. This judgment addresses whether and if so how the Local Authority have established that the threshold for the making of public law orders is met.

Citations:

[2020] EWHC 2502 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 30 March 2022; Ref: scu.655294

Alder Hey Children’s NHS Foundation Trust v Evans and Another: FD 20 Feb 2018

Application made on behalf of the Alder Hey Children’s NHS Foundation Trust seeking a declaration that continued ventilatory support is not in A’s best interests and in the circumstances it is not lawful that such treatment continue.

Judges:

Hayden

Citations:

[2018] EWHC 308 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Alder Hey Children’s NHS Foundation Trust v Evans and Others FD 11-Apr-2018
Care Plan for dying child approved
The parents of a baby boy sought to re-open an order that because of the very severe health condition, and very limited hope of any recovery (disputed by the parents), care beyond palliative care should be withdrawn with the effect that he would be . .
See Also – Evans and Another v Alder Hey Children’s NHS Foundation Trust and Another CA 16-Apr-2018
Parents’ appeal from directions as to withdrawal of life supporting treatment for their child, the parents now applying for habeas corpus. . .
See Also – Alder Hey Children’s NHS Foundation Trust v Evans and Another FD 24-Apr-2018
The child was in a very severe state of health. The doctors at the hospital proposed withdrawal of life support which would lead to is death. The parents opposed this. A certificate the grant of Italian nationality was produced and the family . .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 30 March 2022; Ref: scu.605715

Citizens UK v Secretary of State for The Home Department: Admn 18 Sep 2017

Application of CUK for judicial review of the procedures adopted by SSHD shortly before and in the aftermath of the French Government’s closure in October 2016 of the camp in Calais known colloquially as ‘the Jungle’ and the subsequent dispersal of its occupants to accommodation centres called CAOMIs (Centres d’accueil et d’orientation pour mineurs isoles). The procedures related to over 2000 young people in the camp and CAOMIs who were seeking to come to the UK as unaccompanied minors in order to join family members and claim asylum.
Held: The request failed.

Judges:

Soule J

Citations:

[2017] EWHC 2301 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Children

Updated: 30 March 2022; Ref: scu.594654

Purrucker v Valles Perez (No 1): ECJ 15 Jul 2010

ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Provisional, including protective, measures – Recognition and enforcement
An order made under article 20 is not enforceable in another member state

Citations:

[2010] EUECJ C-256/09, [2010] ILPr 48, ECLI:EU:C:2010:437, [2011] Fam 254, [2011] 3 WLR 982

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Purrucker v Valles Perez ECJ 20-May-2010
EU (Opinion) Area Of Freedom, Security And Justice – Recognition and enforcement of judgments in matters of parental responsibility Provisional measures Custody. . .

Cited by:

See Also – Purrucker v Valles Perez (No 2) ECJ 9-Nov-2010
Area Of Freedom, Security And Justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – . .
Cited – In re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 29 March 2022; Ref: scu.593647

LA v ML and Others: FD 28 Jun 2013

This case concerns the jurisdiction to determine care proceedings concerning a young boy, nearly 5 years old following his being taken into police protection due to injuries (including bruising) being observed on the Child’s back at school, which he indicated had been caused by his step father.

Judges:

Theis DBE J

Citations:

[2013] EWHC 2062 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 29 March 2022; Ref: scu.513763

M v Ferguson: 1994

The court looked at whether a young child was competent to give evidence.

Citations:

1994 SCLR 487

Jurisdiction:

Scotland

Cited by:

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

Children

Updated: 29 March 2022; Ref: scu.237536

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 council had conducted a review as required. However it was defective, and the council had been ineffective in dealing with the application, and failed properly to communicate its result, and the review was quashed, with an accompanying responsibility on the council to renew the assessment.

Judges:

Jack Beatson Q.C.

Citations:

[2000] EWHC Admin 426

Links:

Bailii

Statutes:

Children Act 1989 17

Jurisdiction:

England and Wales

Citing:

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

Children

Updated: 29 March 2022; Ref: scu.140243

In re K (Children): CA 19 Feb 2019

Whether Her Honour Judge Edwards was wrong to conclude that the appellant father had sexually abused his 6-year-old daughter. The father contends that the evidence was inadequate to support the judge’s findings.

Citations:

[2019] EWCA Civ 184

Links:

Bailii

Jurisdiction:

England and Wales

Children, Torts – Other

Updated: 28 March 2022; Ref: scu.633440