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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Children - From: 1998 To: 1998

This page lists 95 cases, and was prepared on 20 May 2019.

 
Re Evelyn [1998] Fam 55
1998
CA

Children

1 Cites

1 Citers


 
Re CH (Care or Interim Care Order) [1998] 1 FLR 403
1998


Children
CH suffered injury, and a care order was sought, with rehabilitation a possibility. The guardian wanted adoption. In the absence of a paediatric psychiatric report, the judge approved the care plan and gave directions that a child psychiatrist should be informed on placement. The Guardian was not allowed to call his witnesses, and he appealed, saying the court should only make a decision with material information. Held: His appeal was allowed, and an interim order substituted. A care plan could not be approved without completing the due requirements of court procedures. If the expert evidence was not adequate, a final order should not be made. Even if a care order appeared inevitable, the court consider the merits fully. Here, the Judge should not have made the final order when he did not have all the relevant expert evidence and where there remained a divergence of opinion between the Guardian and local authority.
Children Act 1989 38(6)
1 Cites


 
In re R (Care Proceedings: Adjournment) [1998] 2 FLR 390
1998
CA

Children
The mother had two children but the father had left. Referrals were made over a long period with regard to her drug abuse and violence. She then had a child by a sixteen year old boy. The two older children were placed with their father under interim orders, and the youngest was fostered. The judge then made final orders for the two older children in favour of the father. The authority propsed adotion for the baby. The mother was to retain limited contact with all three. The judge made only an interim order for the baby because of the possibility of the mother improving. The authority and guardian appealed. Held: The appeal succeeded, and a final order made. There was no realistic alternative to care orders. The three month adjournment could achieve little when the expert reports anticipated that two years would be required. Two years in care would be too long. Contact was for the local authority to sort out.
Children Act 1989 38

 
Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231
1998
CA
Ward LJ, Lord Woolf MR and Lord Justice Mummery
Children
The court accepted a submission that 'the court cannot be satisfied that it is in the best interests of the child to return it to the court of habitual residence in order that that court may resolve the disputed question unless this court is satisfied that the welfare test will apply in that foreign court'. However, foreign law is presumed to be the same as English law, and it is for the party resisting return to show that there is a difference which may be detrimental to the child's welfare. In the case before him, it was the lack of any process whereby the mother might gain the right to return to this country with the child, with the result that she and the child might be 'locked in' to a life there, which would put at risk the mother's health and the child's care.
Hague Convention on the Civil Aspects of International Child Abduction
1 Cites

1 Citers


 
Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge (1998) 1 CCLR 581
1998

Forbes J
Children

Children Act 1989 17(1)
1 Citers


 
In re A (Application for leave) [1998] 1 FLR 1
1998
CA
Thorpe LJ
Children
An application for leave to apply under the Act by a person subject to an order under section 91 should be made inter partes.
Children Act 1989 91(14)
1 Citers


 
C-H (a Minor) (care or interim order) [1998] 2 FCR 347
1998
CA
Thorpe LJ
Children
Thorpe LJ said: "The interdisciplinary character of the family justice system emphasises the co-operation that should exist between the court and public authority. It is, from my perception, inconceivable that there should not be reciprocal respect between the court and public authority for their differing functions and differing views. Manifestly, the statutory responsibility post-care order remains solely with the local authority. It is equally manifest that the local authority will pay due regard to the function of the judge in giving judgment on the care plan after careful appraisal. Manifestly, the local authority will have greater regard for a judgment that is considered and that has embraced all the relevant circumstances and all the necessary expert opinion. I have no doubt that no public authority would wish the judicial appraisal to be preceded by anything less."
1 Cites

1 Citers


 
In re H (application to remove from jurisdiction) [1998] 1 FLR 848
1998
FD
Thorpe J
Children
The mother had remarried and now wished to move to the United States with her new husband, an American. The father had played an unusually large role in caring for the child as a baby and continued to keep closely in touch with her. The judge said that it was a finely balanced case but gave the mother leave to remove the child permanently from the jurisdiction. The father appealed. Held: Thorpe L referred to Poel and subsequent reported cases and said: "these applications for leave are always difficult cases that require very profound investigation and judgment. But not a lot is to be gained by seeking support from past decisions, however superficially similar the factual matrix may appear to be. In my judgment, the approach that the court must adopt in these cases has not evolved or developed in any way since the decision of this court in Poel v Poel."
1 Cites

1 Citers


 
Re J (Care Rehabilitation Plan) [1998] 2 FLR 498
1998
CA

Children
The mother suffered a long term obsessional disorder, and whilst hospitalised, bore a child, who then spent much time in care. The mother planned to marry a man with a history of child sexual abuse. The authority applied for care with a view to adoption. The experts could not predict her recovery within two years. The judge adjourned the application under section 38. The authority appealed. Held: The appeal succeeded in part. The interim order in effect sought to promote delay while the mother might improve, but it had not been decided that rehabilitation was correct. The judge had correctly identified the need to establish the viability of any rehabilitation programme.
Children Act 1989 38

 
H (Minors) [1998] EWCA Civ 8
13 Jan 1998
CA

Children

[ Bailii ]
 
K (Minors) [1998] EWCA Civ 30
16 Jan 1998
CA

Children

[ Bailii ]

 
 Regina v Preston Crown Court ex parte Lancashire County Council; Admn 20-Jan-1998 - Times, 23 November 1998; [1998] EWHC Admin 40; [1999] 1 WLR 142
 
B (a Minor) [1998] EWCA Civ 50
22 Jan 1998
CA

Children

[ Bailii ]
 
H (Minors) [1998] EWCA Civ 59
23 Jan 1998
CA

Children

[ Bailii ]
 
M (a Minor) [1998] EWCA Civ 81
27 Jan 1998
CA

Children

[ Bailii ]
 
Regina v East Sussex County Council ex parte Rw (By His Next Friend and Guardian Ad Litem Pc) [1998] EWHC Admin 82
28 Jan 1998
Admn

Children

[ Bailii ]
 
Regina v East Sussex County Council ex parte RW (By His Next Friend and Guardian Ad Litem PC) [1998] EWHC Admin 81
28 Jan 1998
Admn

Children

[ Bailii ]
 
In Re C (A Minor) (Change of Name) Times, 02 February 1998
2 Feb 1998
CA

Children
A parent challenging a child's lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed.
Children Act 1989
1 Citers


 
B (a Minor) [1998] EWCA Civ 131
3 Feb 1998
CA

Children

[ Bailii ]

 
 In Re M (Minors) (Contact); CA 13-Feb-1998 - Times, 13 February 1998
 
M (a Minor) [1998] EWCA Civ 275
18 Feb 1998
CA

Children

[ Bailii ]
 
Re: U (a Minor) [1998] EWCA Civ 280
18 Feb 1998
CA

Children

[ Bailii ]
 
Re P (a Minor) [1998] EWCA Civ 298
19 Feb 1998
CA
Hirst LJ, Wall J
Children

[ Bailii ]

 
 S v Newham London Borough Council; CA 24-Feb-1998 - Times, 05 March 1998; Gazette, 18 March 1998; [1998] EWCA Civ 339; [1998] 1 FLR 1061; [1998] EMLR 583
 
C (a Minor) [1998] EWCA Civ 353
26 Feb 1998
CA

Children

[ Bailii ]
 
R and V-G (Minors) [1998] EWCA Civ 358
26 Feb 1998
CA

Children

[ Bailii ]
 
Runi Khatun v Mohammed Abul Fayez [1998] EWCA Civ 378
2 Mar 1998
CA

Family, Children
Contact arrangements.
[ Bailii ]
 
P v P (Diplomatic Immunity Jurisdiction) Times, 02 March 1998
2 Mar 1998
FD

International, Children
A father returning home at end of a diplomatic posting, on his government's orders had state (not diplomatic) immunity to take the child home with him.
Diplomatic Privileges Act 1964
1 Citers


 
B (Minors) [1998] EWCA Civ 381
3 Mar 1998
CA

Children

[ Bailii ]
 
C (Minors) [1998] EWCA Civ 382
3 Mar 1998
CA

Children

[ Bailii ]
 
Re A (a Minor) [1998] EWCA Civ 418
6 Mar 1998
CA

Children

[ Bailii ]
 
Re B (Minors) [1998] EWCA Civ 419
6 Mar 1998
CA

Children

[ Bailii ]
 
In Re D (Minors)(Child Abuse: Interviews) Times, 11 March 1998
11 Mar 1998
CA

Children
Guidelines on interviewing children in criminal abuse procedures applicable also where similar allegation as arise in civil matter.

 
B (a Minor) [1998] EWCA Civ 440
12 Mar 1998
CA

Children

[ Bailii ]
 
In Re B (A Minor)(Adoption Order: Nationality) Gazette, 08 April 1998; Times, 16 March 1998
16 Mar 1998
CA

Children, Adoption
Any benefit of nationality obtained through an adoption is a side benefit, and is irrelevant to the substantive issues of the propriety of that adoption. An adoption undertaken principally for that purpose was wrong.
Adoption Act 1976 6

 
H (Minors) [1998] EWCA Civ 481
18 Mar 1998
CA

Children

[ Bailii ]
 
P v P (Diplomatic Immunity: Jurisdiction) Times, 25 March 1998; Gazette, 16 April 1998
25 Mar 1998
CA

Children
A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision.
Child Abduction and Custody Act 1985 8
1 Cites



 
 In Re W (Minors) (Social Worker: Disclosure); Re W (Disclosure to Police); CA 26-Mar-1998 - Times, 08 April 1998; [1998] 2 FLR 135; [1998] EWCA Civ 553; [1999] 1 WLR 205; [1998] 2 All ER 801; [1998] 2 FCR 405; [1998] Fam Law 387
 
Re: K (Minors) [1998] EWCA Civ 550
26 Mar 1998
CA

Children

[ Bailii ]
 
Marlowe Child and Family Services Limited v Director of Public Prosecutions [1998] EWHC Admin 367
27 Mar 1998
Admn

Children, Criminal Practice

Children and Young Person Act 1933 55(1)
[ Bailii ]
 
Re W (a Minor) [1998] EWCA Civ 565
27 Mar 1998
CA

Children

[ Bailii ]

 
 Re F (a Minor); CA 3-Apr-1998 - [1998] EWCA Civ 632
 
Re: CB and JB (care proceedings: guidelines) [1998] 2 FLR 211; [1998] EWHC Fam 2000
8 Apr 1998
FD
Wall J
Children
The court gave guidelines for procedures at preliminary hearings in care cases, and as to psychiatric evidence: "(iv) Evidence of propensity or psychiatric or psychological assessment of one of the parties is unlikely to be of any assistance in resolving a purely factual issue. There will in any event be before the court evidence from the Local Authority and the parents relating to the history of the case and the backgrounds of each of the parents. A psychologist or psychiatrist instructed to undertake an assessment of a parent for the first stage of a split hearing is unlikely to have a complete knowledge of the facts.
(vi) Furthermore, such a witness may, as here, express opinions as to propensity or as to responsibility for a child's injuries which are both prejudicial and wrong. The assessment of adult credibility as to the responsibility for a child's injuries (often the critical factual issue) remains the function of the judge. In my judgment, therefore, a psychiatric or psychological assessment of the parties should not be permitted at the first stage of a split trial unless the particular facts of the case demonstrate that such evidence is or is likely to be directly relevant to the factual issue to be tried."
1 Citers

[ Bailii ]

 
 In Re W (Minors) (Child Abduction: Unmarried Father); In Re B (A Minor) (Child Abduction: Unmarried Father); FD 9-Apr-1998 - Times, 09 April 1998; Gazette, 13 May 1998; [1999] Fam 1
 
In Re B (Minors)(Care Proceedings: Case Conduct) Times, 13 May 1998; Gazette, 03 June 1998
13 May 1998
FD

Children
Where a care case came down to a simple factual difference, it was important for the parties and experts to identify and focus on that difference in order to reduce overall costs

 
Re M (Disclosure) Gazette, 20 May 1998
20 May 1998
FD

Children
Children proceedings must not become overburdened by expert evidence which vastly increase expense. Closer case management was urged by courts as urged. Disclosure of background reports to a legal adviser under conditions of confidentiality was discussed.
Rules of the Supreme Court 1965 Order 40
1 Cites

1 Citers


 
Regina (on the Application of Hereford and Worcester County Council) ex parte S a Minor (By His Mother and Next Friend) [1998] EWHC Admin 587
22 May 1998
Admn

Children

[ Bailii ]

 
 In Re S (A Minor) (Parental Responsibility: Jurisdiction); CA 27-May-1998 - Times, 27 May 1998; Gazette, 28 May 1998
 
Re B (Threshold Criteria) Gazette, 01 July 1998
9 Jun 1998
CA

Children
Where a supervision order was sought by local authority in respect of allegations made which were awaiting trial, and an order could be made before the criminal findings where enough was admitted by the carer to support the need for a supervision order.
Children Act 1989 31(2)


 
 Bronda v Italy; ECHR 9-Jun-1998 - [1998] ECHR 46; 22430/93; (1998) 33 EHRR 81

 
 Re: L (Minors); CA 10-Jun-1998 - [1998] EWCA Civ 960
 
Regina v Hampshire County Council Ex Parte H and Another Times, 22 June 1998; Gazette, 22 July 1998
22 Jun 1998
CA

Children
Before a child's name can be entered on a local authority's 'at risk' register something more must be shown than general risk of living in stressed family and something directed to the particular child must be shown.
1 Cites

1 Citers


 
B (Minors) [1998] EWCA Civ 1089
25 Jun 1998
CA

Children

[ Bailii ]

 
 In Re M (A Minor) (Official Solicitor: Role); CA 8-Jul-1998 - Times, 23 July 1998; Gazette, 08 July 1998

 
 In Re T (A Minor)(Change of Surname); FD 8-Jul-1998 - Gazette, 08 July 1998; Times, 23 June 1998
 
B (Minors) [1998] EWCA Civ 1203
14 Jul 1998
CA

Children

[ Bailii ]
 
Re H (Parental Responsibility) Gazette, 15 July 1998; [1998] 1 FLR 855
15 Jul 1998
FD

Children
A natural father could properly be refused a parental responsibility order where there was evidence of his having injured one other child by bruising. Behaviour to child's half brother could be relevant.

 
L (Minors) [1998] EWCA Civ 1225
16 Jul 1998
CA

Children

[ Bailii ]
 
D (Minors) [1998] EWCA Civ 1230
17 Jul 1998
CA

Children

[ Bailii ]
 
In the Matter of B (Minors) [1998] EWCA Civ 1263; [1999] 1 FLR 701
22 Jul 1998
CA
Thorpe LJ, Hobhouse LJ
Children
The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed. Held: The appeal succeeded. Thorpe LJ said that counsel was correct to characterise the proposal "as essentially a programme of therapy for the parents with a view to improving their prospects of providing good parenting rather than a programme of assessment." He went on: "Essentially Dr Baker was offering a treatment programme that would address the parents' disabilities rather than a programme to assess anything in relation to the child …" Hobhouse LJ: "… there is a distinction to be drawn between matters which involve the child alone or the child/parent relationship on the one hand, and the parents alone on the other side. The former comes within the scope of the sub-section, the latter does not."
Children Act 1989 38(6)
1 Citers

[ Bailii ]
 
Southwark London Borough Council v B and Others Gazette, 26 August 1998; Times, 29 July 1998; Gazette, 16 September 1998
29 Jul 1998
FD

Children
The date for consideration of whether the first or second threshold criteria had been met for care was when application made, or if continuous temporary arrangements for care made, from the date those arrangements were installed. Consistency between limbs was required.
Children Act 1989 31(2)(a)

 
Re A (a Minor) [1998] EWCA Civ 1352
30 Jul 1998
CA

Children

[ Bailii ]
 
Re D (a Minor) [1998] EWCA Civ 1353
30 Jul 1998
CA

Children

[ Bailii ]
 
In the Matter of Re O (a Minor) [1998] EWCA Civ 1406
21 Aug 1998
CA

Children

[ Bailii ]
 
Regina v West Sussex County Council ex parte Augistin (Gus) Wiliam Michael Stanley (by his father and next friend Christopher John Stanley ) HC Admin 869
8 Sep 1998
Admn

Children

[ Bailii ]

 
 S v S (Chief Constable of West Yorkshire Police Intervening); CA 9-Sep-1998 - Gazette, 09 September 1998; Gazette, 16 September 1998; Times, 24 August 1998

 
 In Re P (Minors) (Contact: Discretion); FD 9-Sep-1998 - Times, 30 July 1998; Gazette, 09 September 1998
 
B (a Minor) [1998] EWCA Civ 1430
9 Sep 1998
CA

Children

[ Bailii ]
 
In the Matter of Re: B (Minors) [1998] EWCA Civ 1440
17 Sep 1998
CA

Children

[ Bailii ]
 
In Re M (Residential Assessment Directions) Gazette, 23 September 1998; [1998] 2 FLR 371
23 Sep 1998
FD
Holman J
Children
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: "… it does seem to me that both the words of the section and the language of Lord Browne-Wilkinson nevertheless impose some limits on the extent of the court's powers. They are limited to a process that can properly be characterised as 'assessment' rather than 'treatment', although no doubt all treatment is accompanied by a continuing process of assessment. And they are limited to a process which bona fide involves the participation of the child as an integral part of what is being assessed."
Children Act 1989 38(6)
1 Cites

1 Citers



 
 A v United Kingdom; ECHR 1-Oct-1998 - Times, 01 October 1998; (1999) 27 EHRR 611; [1998] ECHR 85; 25599/94; [2009] ECHR 1690
 
In Re R-J (Minors) (Fostering: Person Disqualified) Times, 09 October 1998; Gazette, 14 October 1998; [1998] EWCA Civ 1473; [1999] 1 WLR 581
2 Oct 1998
CA

Children
Where a local authority would be bound to remove children from a foster couples home, and adoption was also impossible, but guardian ad litem and the court preferred the children to stay with the foster parents a private law residence order could be used.
[ Bailii ]
 
T v Ipswich Youth Court [1998] EWHC Admin 927
6 Oct 1998
Admn

Crime, Children


 
M (a Minor) [1998] EWCA Civ 1490
6 Oct 1998
CA

Children

[ Bailii ]

 
 Re H (Contact: Domestic Violence); CA 7-Oct-1998 - Gazette, 07 October 1998; [1998] 2 FLR 42

 
 In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure); CA 8-Oct-1998 - Times, 09 October 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1502; [1999] 1 FLR 267
 
In the Matter of Re R (a Minor) [1998] EWCA Civ 1504
8 Oct 1998
CA

Children

[ Bailii ]
 
Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer Times, 26 October 1998; [1998] EWHC Admin 970
16 Oct 1998
Admn

Media, Criminal Practice, Children
The test of whether an order should be made lifting the restriction on the naming of youths in criminal proceedings is whether there are good reasons for naming them. There is no requirement for 'rare and exceptional' qualification. Here no direct harm would be caused.
Children and Young Persons Act 1933 39 44
[ Bailii ]
 
Smallwood v United Kingdom 29779/96
21 Oct 1998
ECHR
Pellonpaa, P
Human Rights, Children
(Commission - Admissibility) The difference in treatment between mothers, married and unmarried fathers in the context of the jurisdiction of the court to make an order which removes an unmarried father's parental responsibility is not a violation of article 8 ECHR [the Convention] taken in conjunction with article 14.
European Convention on Human Rights 8 14
1 Citers

[ ECHR ]
 
Regina v London Borough of Barnet ex parte Foran [1998] EWCA Civ 1661
2 Nov 1998
CA

Children, Local Government

Children Act 1989 17
[ Bailii ]

 
 In Re G (Minors) (Celebrities: Publicity); CA 4-Nov-1998 - Gazette, 04 November 1998; Times, 28 October 1998; [1999] 1 FLR 409
 
In re T and W (Minors) [1998] EWCA Civ 1722
6 Nov 1998
CA

Children

[ Bailii ]

 
 T-T (Minors); CA 13-Nov-1998 - [1998] EWCA Civ 1774
 
C (a Minor) [1998] EWCA Civ 1766
13 Nov 1998
CA
Lady Justice Butler-Sloss Lord Justice Buxton
Children
The father sought a parental responsibility order and contact. The mother and father were unmarried. Contact was ordered, and the mother sought leave to appeal. The mother had made allegations of inappropriate sexual behaviour by the father. The judge found that what was proved was not directed at the child. Held: The father would have to accept a longer period of structured contact first, and that his behaviour raised concerns in the mother's mind which it was for him to allay. Contact was varied to extend the period of contact in the contact centre, and sent back for review by a senior family court in the future.
[ Bailii ]
 
B (a Minor) [1998] EWCA Civ 1829
24 Nov 1998
CA

Children

[ Bailii ]
 
Re M (a Minor) [1998] EWCA Civ 1831
24 Nov 1998
CA

Children
Appeal against order for indirect contact.
[ Bailii ]

 
 In Re M (Minors) (Contact: Violent Parent); FD 25-Nov-1998 - Gazette, 25 November 1998
 
In Re K (A Minor) (Residence Order) Times, 08 January 1999
26 Nov 1998
CA
Hirst LJ, Cazalet J
Children
The father had been denied access to his child in India. The child had been brought back to England through wardship proceedings. He resisted an application by the mother to take the child to India for a temporary stay. The mother appealed an order granting residence to the father. Held: The judge had found the mother 'less than candid'. She had shown herself to be untrustworthy and wanted to remove children from the jurisdiction in such a way that the father might be refused contact, it was proper to award the father residence and to order contact for the mother. The judge's exercise of his discretion should not be disturbed.
1 Cites


 
T (a Minor) [1998] EWCA Civ 1871
27 Nov 1998
CA

Children

[ Bailii ]
 
In Re R (Minor) (Court of Appeal: Order Against Identification) Times, 09 December 1998; [1999] 2 FLR 145
1 Dec 1998
CA
Lord Woolf MR, Butler-Sloss and Evans LJJ
Children
The applicant sought to set aside the standard form of order incorporated into the dismissal on 17th November 1997 of his appeal against the making of a section 91(14) order, preventing the identification of a child involved. Held: It is now the rule that a child involved in proceedings in the Court of Appeal must not be named, and an order to that effect is implied whether or not stated. Any party wishing to name a child may still apply to the court to be allowed to do so. The court explained the advantages of anonymity: "A general direction …exists because it is appreciated that in the court below the hearing is in chambers (in normal circumstances the public will have no access to those proceedings unless they make special arrangements to hear them; in children proceedings the public do not normally have access; the matter is subject to rule 4.16(7) of the Family Proceedings Rules 1991), while in this court the proceedings are in public. It is considered highly desirable that appellate proceedings wherever possible should be in open court, and the judgment which is given should be available to the public and the profession through the normal court reporting procedures. In the great majority of cases, this could have adverse consequences so far as children are concerned. In a case where a child’s parents are in dispute as to how the child should be brought up or cared for, to identify the child might subject that child to stress and anxiety. It is important that the child, who cannot be said to be other than entirely innocent, should not be damaged by the fact that his or her parents are not in a position to agree amicably as to the future care for that child, or because there are some other disputes as to the child’s upbringing. It is therefore accepted by this court that in general the identity of the child should be protected. That is why the order was made in this case."
1 Citers


 
Royal Borough of Kingston Upon Thames v Wendy Prince Marie Emma Prince (a Minor) (Acting By Her Guardian Ad Litem Wendy Prince) [1998] EWCA Civ 1891; (1999) 31 HLR 794
2 Dec 1998
CA
Roch LJ, Hale DBE J
Housing, Children, Trusts
The Borough's tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may not have capacity to own a legal estate, but may have an equitable tenancy. The Settled Land Act operated to create a trust and a settlement for the interest to be held for a child. Minors are capable of being persons in housing law. A minor can hold an equitable tenancy of any property, including a council house.
Housing Act 1985 79 87 113(1) - Law of Property Act 1925 1(1) - Settled Land Act 1925 27(1)
1 Cites

[ Bailii ]
 
Re C (a Minor) [1998] EWCA Civ 1935
9 Dec 1998
CA
Lord Justice Thorpe Lord Justice Buxton
Children
The appellant was father of a child. A parental responsibility agreement was in place. After difficulties, he applied for contact to be re-established, and for the child's name to be altered to include his own hyphenated with the mother's. He appealed the refusal of the latter. Held: The question should be resolved within the framework of the 1953 Act. The judge had properly considered the issues, and his decision was well within his discretion, and would not be set aside.
Children Act 1989 4 - Birth and Registration Act 1953
[ Bailii ]
 
In Re S (A Minor) (Change of Surname) Gazette, 13 January 1999; Times, 29 December 1998; [1998] EWCA Civ 1950
15 Dec 1998
CA
Thorpe LJ, Mummery LJ
Children
When a child in care applied for leave to change his surname, the court should allow for the age of the child applying the Gillick competence test, and the views of a guardian ad litem, and scrutinise carefully the motives of someone who sought to oppose the application.
Children Act 1989 33 33(7)
[ Bailii ]
 
Regina v Hammersmith and Fulham London Borough Council ex parte Damoah Times, 31 December 1998; Gazette, 13 January 1999
31 Dec 1998
QBD

Children, Local Government, Benefits
A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child's long terms interests could properly be served by such assistance.
Children Act 1989 Part III


 
 In Re M (A Minor) (Consent Order: Committal); CA 31-Dec-1998 - Times, 31 December 1998
 
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