In re B (Minors) (Contact order: Enforcement): CA 27 Feb 2009

The court had made a contact order and a penal notice attached under section 34, and the local authority had been found to have breached it. They now appealed against a finding that they were in contempt of court.
Held: An order extended under section 34 was capable of being enforced by a finding of contempt. A local authority officer in breach might be committed to prison. The Rule applying to private law proceedings could be supplemented by applying the general Couty Court Rules where they did not apply, and a judge did not need to assume the powers of a High Court judge to do so. However the contact order was now being respected. The appeal failed as to jurisdiction but the penal notice was now removed.

Judges:

Lord Justice Thorpe, Lord Justice Wall and Lord Justice Moore-Bick

Links:

Times

Statutes:

Children Act 1989 34, Family Proceedings Rules 1991 (SI 1991 No 1247) 4.21A

Jurisdiction:

England and Wales

Children, Local Government, Contempt of Court

Updated: 07 May 2022; Ref: scu.323745