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
