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