In Re TB (Minors) (Care Proceedings: Criminal Trial): CA 29 Jun 1995

Pending criminal proceedings against a family need not stop care proceedings going ahead. Butler-Sloss LJ said: ‘One starts with the fact that the criminal proceedings of themselves are not a reason to adjourn the care proceedings. There must be some detriment to the children in the broadest terms for not bringing on the care proceedings because delay is detrimental generally to the children . . I think that we do have to hold the line that in the majority of cases, unless there are circumstances which warrant taking a different course, that the care proceedings should come on, even if they are to be heard before the criminal proceedings. That is in line with the President’s ruling and it is a ruling which this court ought respectfully to follow. ‘

Judges:

Butler-Sloss LJ

Citations:

Times 29-Jun-1995, [1995] 2 FLR 801

Jurisdiction:

England and Wales

Children

Updated: 21 January 2023; Ref: scu.82231