Category: Children

Nottinghamshire County Council v LH (A Child (No2): FD 28 Sep 2021

Following refusal to allow detention beyond interim of child in acute psychiatric admission unit for adolescents, when no such acute condition suffered, but no other appropriate alternate accommodation available at all. Granted residence in children’s home subject to specific detailed restrictions.
Mr Justice Poole
[2021] EWHC 2593 (Fam)
Bailii
England and Wales
Cited by:
See Also – Nottinghamshire County Council v LH (A Child (No 1) FD 23-Sep-2021
. .

Lists of cited by and citing cases may be incomplete.
Updated: 01 October 2021; Ref: scu.668306

M, Regina (On the Application of) v Birmingham City Council: Admn 30 Sep 2008

The Claimant challenged the policy of the Defendant relating to the payment of residence order allowances and alternatively the application of that policy and the decision made by the Defendant to refuse to pay him that allowance.
Charles J
[2008] EWHC 1863 (Admin), (2009) 12 CCL Rep 40, [2009] 1 FLR 1068, [2009] Fam Law 396, [2009] 2 FCR 327
Bailii
Children Act 1989
England and Wales

Updated: 30 September 2021; Ref: scu.347096

M (A Child), Regina (on the Application of) v Sheffield Magistrates’ Court and Another: Admn 27 Jul 2004

The local authority applied for and obtained an anti-social behaviour order (ASBO) in respect of a child in their care. The boy sought judicial review.
Held: There was a real potential conflict of interest on the part of the authority. On the one hand it had a duty to promote his welfare, and on the other it was the relevant authority to make an application under the 1998 Act. The position was not easily resolved. The authority could do its best to make sure that the child had independent protection of his interests by the obtaining of appropriate written reports.
[2004] EWHC 1830 (Admin), Times 30-Aug-2004, (2005) 169 JPN 818, [2005] ACD 43, (2005) 169 JP 557, [2004] Fam Law 790, [2005] BLGR 126, [2005] 1 FLR 81, [2004] 3 FCR 281
Bailii
Crime and Disorder Act 1998 1, Children Act 1989 22(4)
England and Wales

Updated: 29 September 2021; Ref: scu.199643

In re D (A Child): CA 15 Mar 2005

Application to allow representation by a solicitor who was presently struck off the roll denied.
Thorpe LJ, Hooper LJ
[2005] EWCA Civ 347
Bailii
Courts and Legal Services Act 1990
England and Wales
Citing:
Cited – Guidance (McKenzie Friends) 2005
Sir Mark Potter gave guidance on the acceptance of McKenzie Friends as advocates: ‘A court may grant an unqualified person a right of audience in exceptional circumstances only and only after careful consideration (D v S (Rights of Audience) [1997] . .

Cited by:
Cited – In Re N (A Child) FD 20-Aug-2008
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave.
Held: Whilst Dr Pelling might make a . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.276352

AS v CPW: FD 18 May 2020

M had removed her son unlawfully to Sierra Leone. He was now aged 14.5 years old and wished to complete his education there. The court considered the correct approach in such cases
Mostyn J
[2020] EWHC 1238 (Fam), [2020] 4 WLR 127, [2020] 2 FLR 1000, [2020] WLR(D) 525
Bailii, WLRD
England and Wales

Updated: 26 September 2021; Ref: scu.655239

Re A and D (Non-Accidental Injury: Subdural Haematomas): FD 5 Dec 2001

Butler Sloss P said: ‘the degree of force required to cause subdural haematomas need not be as great as previously believed. It remains however equally clear that the force used must be out of the normal rough and tumble of family life and must be unacceptable and inappropriate and obviously so. Each case of course has to be decided on its own facts. This is likely to be an evolving area of research. . The courts must however continue to deal with medical evidence on the basis of generally recognised medical opinion, giving due weight in the individual case to any advances in medical knowledge.’
Butler Sloss P
[2001] EWHC Fam 9, [2002] 1 FLR 337, [2002] Fam Law 266
Bailii
England and Wales
Cited by:
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.
Updated: 25 September 2021; Ref: scu.263385

Chorley v Chorley: CA 12 Jan 2005

The husband claimed that he had begun court proceedings elsewhere in France and before the wife issued her petition here. She contended that she should be allowed to proceed since the husband’s proceedings had not reached a stage at which the court was seised of the matter within the regulation.
Held: When the court need to ask whether the proceedings amounted to the issue of divorce proceedings within the regulations, the proper court to decide the nature of the proceedings was the court at issue, which could then apply the regulations and accept or decline jurisdiction.
Thorpe, Tuckey, Dyson LJJ
Times 18-Jan-2005, [2005] EWCA Civ 68, [2005] 2 FLR 38, [2005] 1 WLR 1469
Bailii
Council Regulation (EC) No 1347/2000 on jurisdiction and enforcement in matrimonial matters and parental responsibility
England and Wales

Updated: 25 September 2021; Ref: scu.222859

A Health and Social Care Trust v B: FDNI 26 May 2021

Application for declaratory relief brought by the Health and Social Care Trust in relation to a young person who is now aged 16.5. The court is being asked to make a declaration that the young person may be treated with hormone blocking treatment (GnRH analogues).
[2021] NIFam 17
Bailii
Northern Ireland

Updated: 23 September 2021; Ref: scu.667772

Re A (Minors) (Abduction: Custody Rights) No 2: CA 29 Jul 1992

The mother had wrongfully removed the children from Australia to this country. The father wrote to the mother saying that ‘I think you know that what you have done is illegal, but I’m not going to fight it’ and generally giving the impression that he would regretfully go along with the children’s staying permanently with the mother in this country. However he was making arrangements to begin action here. The obligation on a court to order the return of abducted children to their country of origin, was to be relaxed after the court had made a finding of consent on the part of the parent from whom it was claimed the children had been removed.
Balcombe LJ (dissenting)
Gazette 29-Jul-1992, [1992] Fam 106
Child Abduction and Custody Act 1985
England and Wales
Cited by:
Cited – H v H (Child Abduction: Acquiescence) CA 14-Aug-1996
The parents were orthodox Jews. The mother brought the children to England, and resisted an order for their return, saying the father had delayed in bringing the proceedings.
Held: A parent must act quickly in cases of child abduction in order . .
Cited – Re H, H v H (Child Abduction: Acquiescence) HL 10-Apr-1997
The mother and father were orthodox Jews. The mother brought the children to England from Israel against the father’s wishes. She said that he had acquiesced in their staying here by asking for them to be returned to Israel temporarily. The father . .
Cited – In Re H and others (Minors) HL 10-Apr-1997
Three young children had been brought to England from Israel by their mother but without the consent of the father, who now sought their return. The mother claimed that the father had subsequently acquiesced in the removal. Both parents were . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.85689

Re C (Children): CA 4 Feb 2010

Private law proceedings between mother and father in relation to the welfare of their three children – prohibited steps order that the parents, both of them, were forbidden from taking any or all of the children to see any representative, professional or any other person to ascertain the wishes and the feelings of the children or to record any report made by the children without the knowledge of their guardian or solicitor and their consent until further order.
[2010] EWCA Civ 239, [2010] 2 FLR 22, [2010] Fam Law 585
Bailii
England and Wales

Updated: 14 September 2021; Ref: scu.403468

WJV v SR: FD 4 Jul 2021

Application by a father, WJV, who seeks the return of the two children of the family to the Republic of Zambia. The children are currently residing with their mother, SR, the respondent, in this jurisdiction having travelled to England on 22 August last year. She resists the application for summary return.
Mrs Justice Roberts
[2021] EWHC 2303 (Fam)
Bailii
England and Wales

Updated: 10 September 2021; Ref: scu.667751

JC v PC: FD 9 Aug 2021

Application made by the father of two children who seeks orders in respect of their summary return to England from Brazil where they are currently residing.
Mrs Justice Roberts DBE
[2021] EWHC 2305 (Fam)
Bailii
England and Wales

Updated: 10 September 2021; Ref: scu.667754

Youngs v Gray and Others (Young’s Trustees): SCS 23 Dec 1909

A son wrote a letter to his father in which he acknowledged he had received from him certain sums of money-‘And I further acknowledge that these various sums are all payments to me on account of the share of legitim or bairn’s part of gear which may become due to me by and through your decease, and which share of legitim or bairn’s part of gear is now discharged by me to that extent.’ On his father’s death the son raised an action of declarator that in the event of his electing to claim legitim he was not bound in a question with his father’s trustees to collate or bring into account any sums paid to him, but that said sums only fell to be collated by him in a question with his father’s other children in the event of their electing to claim legitim, and on condition of their also collating such sums as they had received to account of legitim.
Held that pursuer was not entitled to the declarator sought.
Opinion by the Lord President and Lord Kinnear that this was not, properly speaking, a question of ‘collation.’
Opinion by Lord Johnston that the trustees were, as in right of the children who accepted provisions and discharged legitim, entitled to call on the pursuer to collate with them.
By the Lord President-‘When a father bargains with a son he does not bargain that a certain sum which he has given shall be a payment to account of a possible debt that becomes due after the father’s death . . ; he bargains on account of his estate-general and not on account of a particular debt against his estate, namely, the legitim fund.’
Semble, that the bargain is not solely for the benefit of the dead’s part, any more than it is solely for the benefit of the legitim fund, but that where a son with whom such a bargain has been made claims legitim in order to the more equitable distribution of the actual moveable estate, both legitim fund and dead’s part are calculated from a nominally enlarged moveable estate, i.e., from the sum arrived at by adding to the moveable estate the sum so advanced.
Lord Skerrington, Ordinary
[1909] SLR 296
Bailii
Scotland

Updated: 01 September 2021; Ref: scu.611064

In re P (A Child): Misc 1 Feb 2013

Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold triggers were established, and ‘The central issue which I have to decide is self-evidently whether P can in a foreseeable and planned way be placed with her family or whether according to the Local Authority’s care plan the only realistic route, safe route, is that she can be placed for adoption.’ However, the court could not see that the child could safely be returned.
Newton J
[2013] EW Misc 20 (CC)
Bailii
Children Act 1989 31
England and Wales
Citing:
Cited – In re AA COP 23-Aug-2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric . .

Cited by:
Cited – In re P (A Child) FD 17-Dec-2013
A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She . .
Cited – Re P FD 13-Dec-2013
A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 August 2021; Ref: scu.518925

G, Regina (on the Application of) v London Borough of Southwark: CA 29 Jul 2008

[2008] EWCA Civ 877, [2009] 1 WLR 34, [2008] 2 FLR 1762, (2008) 11 CCL Rep 705, [2008] Fam Law 1092, [2009] 1 FCR 357
Bailii
Children Act 1989 17 20, Housing Act 1996
England and Wales
Cited by:
Appeal from – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.271222

In re S (an infant): CA 1965

A boy was received into the care of the local authority in 1954, when he was 5 weeks old. The local authority entrusted him to foster parents, who signed an agreement that the boy could be removed from them when required by an authorised person. In 1960 the foster parents, having heard that the boy’s mother had made a request to the local authority to take the boy back, applied by originating summons to make him a ward of court. The boy became a ward of court. The summons was not heard until 1964. The local authority took a preliminary objection that the court had no jurisdiction to review such a decision as the local authority might make. On appeal from an order dismissing the summons, it was held that the jurisdiction of the Chancery Court over the boy as a ward of court was not ousted by the fact that the local authority had received him into care on the Children Act 1948 section 1, and the judge should have considered the evidence so as to ascertain the facts and to determine whether the case was one in which the wardship should be continued.
[1965] 1 WLR 483, [1965] 1 All ER 865, (1965) 129 JP 228, (1965) 109 Sol Jo 174, (1965) 63 LGR 229
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.653172

A (A Child: Joint Residence/Parental Responsibility): CA 30 Jul 2008

The Court approved of the practice of making a shared residence order in order to confer parental responsibility upon a man who was not the natural father, even though the child actually stayed with him only on alternate week-ends.
Sir Mark Potter P, Scott Baker LJ, Sir Robin Auld
[2008] EWCA Civ 867, [2008] Fam Law 1006, [2008] 2 FLR 1593, [2008] 3 FCR 107
Bailii
England and Wales
Cited by:
Cited – Holmes-Moorhouse v Richmond Upon Thames HL 4-Feb-2009
The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing.
Held: The authority’s appeal succeeded.
‘When any family court decides with whom the children of separated . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.271284

R (A Child), Re; Birmingham City Council v LR and other: CA 20 Dec 2006

The court considered whether it could continue with an appeal where the practical issues had been resolved.
Held: ‘Mr. Harrison explained that the appeal was being brought by the local authority as a ‘test case’ to obtain clear guidance urgently needed from this court concerning the interpretation of statutory provisions relating to the special guardianship procedures. The Appellant was a major local authority with a substantial case load of litigated child care cases. It had a legitimate interest in bringing proceedings to obtain clarification of provisions and procedures affecting an increasing number of cases.
Mr. Harrison submitted, accordingly, that a point of principle was involved. Due to the importance of the points which arose, therefore, Mr. Harrison invited us to rule on them.
Having heard further argument and considered the matter, we came to the conclusion that we would hear the appeal. We did so because we accepted that the points raised in this appeal are important and would be likely to arise again in any event. In practical terms, counsel on all sides had come to court prepared to argue the appeal. We accept, furthermore, that the local authority was taking a principled stance by implementing paragraph 4 of the judge’s order whilst, at the same time, seeking permission to appeal against it. Having heard full argument, we reserved judgment.’
Thorpe, Tuckey, Wall LJJ
[2006] EWCA Civ 1748, [2007] 2 WLR 1130, [2007] Fam 41, [2007] 1 FCR 121, [2007] 1 FLR 564
Bailii
England and Wales
Cited by:
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
rolls_uniteCA2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.278315

Russell v Russell: 1991

Sherriff Gordon
1991 SCLR 429
Scotland
Citing:
Followed – 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 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.
Updated: 20 August 2021; Ref: scu.237539

Safe Passage International, Regina (on The Application of) v Secretary of State for The Home Department: Admn 2 Jul 2021

Challenge to parts of guidance published by the Respondent to Home Office caseworkers, about the application of EU Regulation 604/2013 (‘Dublin III’) to unaccompanied minors seeking asylum.
Lord Justice Dingemans
[2021] EWHC 1821 (Admin)
Bailii, Judiciary
England and Wales

Updated: 16 August 2021; Ref: scu.663578

Peters v Fleming: 1840

The plaintiff sought a declaration as to goods sold. The defendant pleaded his infancy. The plaintiff pleaded that the goods were necessaries appropriate to the state and condition of the defendant.
Held: The term ‘necessaries’ included those things which were useful and suitable for the party, and were not restricted to things requisite for bare subsistence.
Whether the articles in question such as might be required for a person of the defendant’s age and station was a matter for the jury. Items which are merely ornamental will not in any case be necessaries.
[1840] EngR 170, (1840) 6 M and W 42, (1840) 151 ER 314
Commonlii
England and Wales
Cited by:
Cited – Harrison v Fane 1840
The defendant child purported to hire horses, saddles and harness from the plaintiff. On a plea of infancy, the plaintiff pleaded that these were necessaries.
Held: Though this would be a mater for the jury, it appeared that the defendant was . .
Cited – Gingell v Bean 12-May-1840
Although the general practice may be for one party to the suit to draw up a rule obtained in the progress of a cause, if the other party wishes to act upon it, he should draw it up within the time to which it relates; for if not drawn up within such . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.309596

Harrison v Fane: 1840

The defendant child purported to hire horses, saddles and harness from the plaintiff. On a plea of infancy, the plaintiff pleaded that these were necessaries.
Held: Though this would be a mater for the jury, it appeared that the defendant was an Oxford student, but the plaintiff brought forward no evidence that the items were necessaries, beyond averring that the defendant kept a horse, and from time to time went hunting with his wealthy father, the judge had told the jury that in his view the plaintiff was not able to recover.
Held: On the defendant’s appeal the jury’s verdict was set aside as perverse.
[1840] EngR 103, (1840) 1 Man and G 550, (1840) 133 ER 450
Commonlii
England and Wales
Citing:
Cited – Peters v Fleming 1840
The plaintiff sought a declaration as to goods sold. The defendant pleaded his infancy. The plaintiff pleaded that the goods were necessaries appropriate to the state and condition of the defendant.
Held: The term ‘necessaries’ included those . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.309529

Re D (A Child): CA 31 Oct 2017

The court considered an order effectively depriving child D of his liberty.
Sir James Munby P FD, David Richards, Irwin LJJ
[2017] EWCA Civ 1695, (2018) 160 BMLR 61, [2018] 2 FLR 13, [2018] COPLR 1, [2018] PTSR 1791
Bailii
Mental Capacity Act 2005, European Convention on Human Rights 8
England and Wales
Citing:
Appeal from – Birmingham City Council v D CoP 21-Jan-2016
D was a young adult with several disorders presenting challenging behaviour. The Hospital sought arrangements allowing control over him for his care and eucation. . .
Cited – In Re K (A Child) (Secure Accommodation Order: Right to Liberty) CA 29-Nov-2000
An order providing that a child should stay in secure accommodation, was an order which restricted the child’s liberty. A justification for such a restriction had to be brought within the exceptions listed in article 5.
Held: Detention for . .

Cited by:
Appeal From – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.598462

In re K (Minors) (Wardship: Criminal Proceedings): FD 24 Aug 1987

Children had been interviewed by the police before they became wards of court.
Held: It would be a constitutional impropriety for the wardship court to intervene in the statutory process governing the conduct of a criminal trial and in matters within the jurisdiction of the Crown Court so as to grant or refuse leave for minors to be called as witnesses at a criminal trial.
Waterhouse J said: ‘In many cases, the wardship court is likely to be involved at an early stage because leave will have been sought for the police to interview a ward. In such circumstances it is inevitable that the court will have to perform a balancing exercise, weighing the potential damage to the child against the public interest, as a responsible parent would do. In reaching a decision, the best interests of a child may not be the first and paramount consideration . . ‘ and ‘Mrs Puxon accepts on behalf of the Crown Prosecution Service that, in general, it is the practice of the police to obtain the consent of a parent who has the custody of a child before interviewing the child as a potential witness. Similarly, the police work in close co-operation with social services departments in whose care children have been placed and obtain the consent of the department (as in this case) before interviewing a child in care. It is accepted also that, in the case of a ward of court, leave should be obtained from the wardship court before an interview by the police takes place.’ and ‘Once a prosecution has been instituted however, the statutory procedure must (it is said) take its normal course. The Crown Prosecution Service will, of course, consider any representation that may be made by a parent or a local authority about the potential adverse impact upon a child of having to give evidence. This may be one of the matters to be considered in deciding whether or not to proceed with particular charges, but the discretion is vested in the prosecuting authority rather than the parent or the local authority. In the present case, it is said further, an extraordinary and anomalous situation would arise, if the wardship court were to intervene, because the minors might be ‘protected’ from the operation of the statutory rules governing the compellability of witnesses, whereas the other children involved in the case would have no similar protection.’
He concluded: ‘I have no doubt that I should decline to exercise the wardship jurisdiction by either giving leave for the minors to be called as witnesses or by giving a direction in the matter in another form. In my judgment, it is neither necessary nor appropriate in child abuse cases for the Crown Prosecution Service to seek the leave of the wardship court to call a ward as a witness either before or after committal proceedings.
It is necessary, first of all, to set my conclusion in its proper context. In many cases, the wardship court is likely to be involved at an early stage because leave will have to be sought for the police to interview a ward. In such circumstances it is inevitable that the court will have to perform a balancing exercise, weighing the potential damage to the child against the public interest, as a responsible parent would do. In reaching a decision, the best interests of a child may not be the first and paramount consideration, for reasons that I have sufficiently explained. It is clear also that the court will have in mind that, if leave to interview the child is granted, a prosecution based on the child’s evidence, at least in part, may ensue.’
Waterhouse J
[1988] Fam 1
England and Wales
Cited by:
Cited – Re 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.588165

M (A Minor), Re Judicial Review: QBNI 30 Jan 2015

The judicial review application is concerned with the lawfulness of the arrangements which have been made by the Trust in respect of M’s placement at X Care Home. These arrangements have arisen from the particular circumstances and background of M.
Maguire
[2015] NIQB 8
Bailii
Northern Ireland
Citing:
Cited – In Re K (A Child) (Secure Accommodation Order: Right to Liberty) CA 29-Nov-2000
An order providing that a child should stay in secure accommodation, was an order which restricted the child’s liberty. A justification for such a restriction had to be brought within the exceptions listed in article 5.
Held: Detention for . .

Lists of cited by and citing cases may be incomplete.
Updated: 13 August 2021; Ref: scu.542820

In re K (Infants): ChD 1963

Ungoed Thomas J discussed the balance of interests in a wardship case, as it affected disclosure of documents: ‘However, where the paramount purpose is the welfare of the infant, the procedure and rules of evidence should serve and certainly not thwart that purpose . . In general publicity is vital to the administration of justice. Disclosure to the parties not only enables them to present their case fully but it provides in some degree the advantages of publicity; and it further ensures that the court has the assistance of those parties in arriving at the right decision. So when full disclosure is not made, it should be limited only to the extent necessary to achieve the object of the jurisdiction and no further.’
Ungoed Thomas J
[1963] Ch 381
England and Wales
Cited by:
Appeal from – In Re K (Infants) CA 2-Jan-1963
The court discussed the need for those appearing before tribunals to be given sufficient access to all the material placed before the judge. Upjohn LJ said: ‘It seems to be fundamental to any judicial inquiry that a person or other properly . .
At first Instance (Dicta approved) – In Re K (Infants); Official Solicitor v K HL 2-Jan-1963
The House considered the propriety of a tribunal chairman seeing material not placed before the parties. This was a wardship case.
Held: Where the interests of the parents and the child conflicted, ‘the welfare of the child must dominate’.
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .

Lists of cited by and citing cases may be incomplete.
Updated: 12 August 2021; Ref: scu.467128

H v H (Minor) (Child Abuse: Evidence); Re H (A Minor); Re K (Minors) (Child Abuse: Evidence): CA 1989

An application was made for a wardship after allegations of child abuse.
Held: The test for evidence of child abuse which is appropriate is the ordinary civil standard of balance of probabilities as applied to the facts of each case.
Butler-Sloss LJ said: ‘[The judge] may have found individual facts, such as inappropriate knowledge or behaviour, which constitute a high degree of concern about the child without being able to say on the test that they amount to actual abuse. They are, however, relevant to the exercise of the discretion. He may have sufficient evidence of concern about the past care of the child to be satisfied that the child was in a potentially abusing situation without having sufficient evidence to be satisfied as to the extent of the abuse in the past or the identity of the abuser.’
Stuart-Smith LJ said: ‘In the type of case with which we are concerned in these appeals there may be insufficient evidence upon which the judge can conclude that the father has sexually abused his children, nevertheless there may be sufficient evidence to show that there is a real chance, possibility or probability that he will do so in the future if granted access.’
Butler-Sloss LJ, Stuart-Smith LJ
[1990] Fam 86, [1989] 2 FLR 313
England and Wales
Cited by:
Cited – In 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 . .
Cited – In 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.
Updated: 12 August 2021; Ref: scu.406179

Re C (A Child): CA 27 Jan 2006

‘The court is asked to consider whether a judge who, at an early stage, came to the firm view that a father lacked sufficient parenting capacity to have contact with his young child on an unsupervised basis gave him a fair hearing when he sought to contend otherwise.’
[2006] EWCA Civ 144, [2006] 2 FLR 289, [2006] Fam Law 525, [2006] 1 FCR 447
Bailii
England and Wales

Updated: 12 August 2021; Ref: scu.270157

Re B (A Child : Abduction: Article 13(B)): CA 11 Aug 2020

Appeal by the mother from the order refusing to set aside a return order that she had previously made under the 1980 Hague Child Abduction Convention by which she had ordered the mother to return the parties’ child to Bosnia Herzegovina.
Held: The appeal succeeded – correct approach on applications to set aside return orders under the 1980 Convention both before and after the introduction of the new Family Procedure Rule 12.52A.
Lord Justice Moylan
[2020] EWCA Civ 1057
Bailii
England and Wales

Updated: 12 August 2021; Ref: scu.653062

Thomas Philippe La Cloche v Thomas La Cloche,-Respondent And, By Revivor, Thomas Philippe La Cloche,-Appellant; The Viscount Of Jersey: PC 27 Jun 1872

The written customary Laws of Normandy since the time of the separation of the Island of Jersey from that Duchy are authorities received in Jersey as expositions of the Law and customs of the Island. According to the Law of Jersey, an illegitimate child is legitimated per subsequens matrimonium.
[1872] EngR 28, (1872) 9 Moo PC NS 87, (1872) 17 ER 446
Commonlii
England and Wales

Updated: 12 August 2021; Ref: scu.280118

Re K (Children): CA 17 Dec 2001

F’s application for permission to appeal against an order refusing the father’s application for face to face contact with his two children and providing that there should be no direct contact, but he did provide specifically for indirect contact. He also prohibited the father from making any further applications for orders under section 8 of the Children Act 1989 without leave of the court.
[2001] EWCA Civ 2030
Bailii
England and Wales

Updated: 11 August 2021; Ref: scu.218628

Regina 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 not the idea itself.
Held: The appeal was dismissed. When Parliament abolished the presumption of doli incapax, at the same time it abolished the idea of it: ‘Parliament must be taken to have intended ‘the presumption’ to encompass the concept of doli incapax when it was abolished in section 34. That, appears to us to have been the common understanding of the words at the time that the Act was passed.’
Latham LJ VP, Forbes J, Sir Richard Curtis
[2008] EWCA Crim 815, Times 05-May-2008, [2008] Crim LR 721, [2008] 3 WLR 923, [2008] 2 Cr App R 17, (2008) 172 JP 335
Bailii
Crime and Disorder Act 1998 34, Children and Young Persons Act 1933 50
England and Wales
Citing:
Cited – Crown Prosecution Service v P; Director of Public Prosecutions v P Admn 27-Apr-2007
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by . .
Cited – 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 . .
Cited – JBH and JH (minors) v O’Connell QBD 1981
The defendants were boys of 13 and 11. They broke into a school, stole various items and ‘used 12 tubes of duplicating ink to redecorate the school’. They offered no evidence and submitted that there was no case to answer as the prosecution had not . .
Cited – A v Director of Public Prosecutions QBD 1992
The defendant, aged 11, appealed against his conviction of an offence under the Public Order Act 1986, on evidence that he had thrown bricks at a police vehicle. He had then fled the scene.
Held: The conviction was quashed. The fact that the . .

Cited by:
Appeal from – JTB, 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.
Updated: 11 August 2021; Ref: scu.267059

In re K (Children): CA 27 Nov 2002

Father’s application for permission to appeal against an order dismissing the father’s application for the discharge of care orders relating to his two children, S, who is aged five and a half, and A who is aged two and a half, and also dispensing with the father’s agreement to their adoption.
[2002] EWCA Civ 1836
Bailii
England and Wales

Updated: 11 August 2021; Ref: scu.217835