A County Court does not have a power to accept a mother’s undertaking when making a supervision order. Citations: Times 12-Jan-1996, Ind Summary 08-Jan-1996 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85720
Power to restrain applications for contact not to be used save for oppression. Citations: Gazette 15-Mar-1995 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85774
A Judge may depart from the recommendations of the Court Welfare Officer without taking the Court Welfare Officer’s oral evidence. Citations: Times 21-Nov-1994 Statutes: Children Act 1989 1(1) 1(2) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.81791
The court may not order a Local Authority having care of child to obtain a psychiatric report. Citations: Times 13-Apr-1995 Statutes: Children Act 1989 7 Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.81614
Justices do not have the power to make an interim care order pending a later hearing on the extension of an existing supervision order. Citations: Times 11-Nov-1994, [1995] 1 FLR 335 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Cited by: Applied – T (A Child) v Wakefield Metropolitan District Council CA 19-Mar-2008 A … Continue reading In Re A (A Minor) (Supervision Order: Extension): CA 11 Nov 1994
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995
The council had made an ex parte application to the magistrates to cancel the appellant’s registration as a child minder. Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section … Continue reading Bowden and Another v Lancashire County Council: CA 18 Jun 1994
Waite LJ: ‘It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general pronciple that a child should grow up in the knowledge of both his … Continue reading In Re D (a Minor) (Contact: Mother’s Hostility): CA 1993
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child. Held: When the upbringing of both mother and daughter was involved under the … Continue reading Birmingham City Council v H (A Minor): CA 1993
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
Court should make final order when possible – not adjourn. Citations: Ind Summary 10-May-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85846
After the Judge finds s31 to be satisfied he cannot then add conditions to the residence order. Citations: Ind Summary 23-May-1994, Gazette 01-Jun-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85888
Guardian ad Litem may see and reproduce form F from Local Authority in adoption proceedings. Citations: Ind Summary 31-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Adoption Updated: 26 October 2022; Ref: scu.85889
Joint residence order can be appropriate where residence to be shared. Citations: Ind Summary 14-Feb-1994 Statutes: Children Act 1989 8(1) 11(4) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85684
The legal professional privilege for medical reports obtained privately, must yield in child cases, and the report was discoverable. Citations: Ind Summary 15-Nov-1993, Times 02-Nov-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Legal Professions, Children Updated: 26 October 2022; Ref: scu.84509
Guardian ad litem entitled to examine case record prepared on adopters. Citations: Times 12-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.83371
Court only to invoke wardship jurisdiction if the Children Act 1989 gives no answer. Citations: Times 10-May-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.82220
A judge has no power to attach conditions with regard to the setting or residence on a s31 order. Citations: Times 05-May-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.82221
The system for the renewal of interim care orders for children is unsatisfactory. Citations: Times 23-Jul-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81773
Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property. … Continue reading In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993
Power to restrain contact application appropriate only in extreme cases. Citations: Times 02-Feb-1994 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81881
An interim care order should normally try to maintain the status quo pending a final hearing. Citations: Times 02-Aug-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81902
No priority is to be given for one child as between children in family. When a court considered the interests in contact between two children or a child mother and her child, the court had to refuse to give either child priority, but instead must start from a position of equality, and find a successful … Continue reading In Re H (A Minor): CA 23 Feb 1993
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
County Court may not to stop a Local Authority who were not party to the case before them, from using their statutory powers with regard to the children. Citations: Ind Summary 09-Aug-1993, Gazette 13-Oct-1993, Times 29-Jul-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.79758
Appeal against order as to media arrangements for fact finding hearing.McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court … Continue reading Re W (Children): CA 25 Feb 2016
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Interlocutory judgment in care proceedings under Part IV of the Children Act 1989 (‘CA’). The issue is whether criminal convictions for sexual abuse of a minor made by a Spanish court against the Mother’s husband, (‘E’), are admissible in these proceedings. E is not the father of the Mother’s children. Judges: Mrs Justice Lieven DBE … Continue reading AA v BB and Others: FD 12 Jul 2022
The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to separate from the assumed perpetrator. Held: The mother had now taken the step of breaking free. … Continue reading In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence): CA 27 Aug 2004
The court had decided that the care plan proposed for the children should be accepted. This was for a long term placement with foster parents, and in due course, no doubt would lead to adoption. Both parents had suffered psychiatric problems. The mother sought continued contact with the children, with a view to a long … Continue reading G (Minors): CA 15 Jul 1997
The applicant was refused registration as a child minder, on the basis that a person is qualified for registration for childminding if she is ‘suitable to look after children under the age of eight’ and that the applicant was said not to be suitable. Held: The burden of proof is on the Applicant in applications … Continue reading HM Chief Inspector of Schools v Spicer: Admn 12 Mar 2004
Citations: [2004] EWHC 2210 (Admin) Links: Bailii Statutes: Children Act 1989 Sch 2 Jurisdiction: England and Wales Local Government, Children Updated: 13 October 2022; Ref: scu.226903
(Willesden County Court) The mother applied for a specific issues order regarding the education of four children of the family and as to whether they should be taught in schools supporting strict Jewish Hassidic sect. Judges: Million J Citations: [2013] EW Misc 21 (CC) Links: Bailii Statutes: Children Act 1989 8 Jurisdiction: England and Wales … Continue reading EG v JG: Misc 1 Dec 2013
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)A person detained as a juvenile in need of educational supervision should not be detained in a prison where no education is available. The applicant’s successive placements in a remand prison, by way of … Continue reading Bouamar v Belgium: ECHR 29 Feb 1988
The mother JJ’s first baby had died after physical abuse inflicted either by her or the father. In care proceedings for a later child, the judge concluded ‘T-L’s injuries could have been inflicted by either, or both, of them. Singling out a likely perpetrator does not help this couple because it must be debatable as … Continue reading In re J (Children): CA 3 Apr 2012
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006
Judges: Munby LJ, Langstaff J Citations: [2011] EWHC 2673 (Admin), [2012] 1 FCR 206, [2012] Fam Law 280, [2012] PTSR 546 Links: Bailii Statutes: Children Act 1989 Citing: Cited – M, Regina (on the Application of) v Gateshead Council CA 14-Mar-2006 The applicant had left care, but still received assistance. She was arrested and the … Continue reading VC and Others, Regina (on The Application of) v Newcastle City Council: Admn 24 Oct 2011
Mother’s application for leave to appeal against order prohibiting further applications in relation to the child without the court’s permission. Judges: Ward LJ Citations: [2010] EWCA Civ 1296 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 September 2022; Ref: scu.426740
Application for judicial review of a purported decision by X Council to continue to detain FD, a girl who is 14 years and 5 months, in secure accommodation. Judges: Mrs Justice Lieven DBE Citations: [2019] EWHC 3481 (Admin) Links: Bailii Statutes: Children Act 1989 25 Jurisdiction: England and Wales Children, Local Government Updated: 19 September … Continue reading FD, Regina (on The Application of) v X Metropolitan Borough Council: Admn 16 Dec 2019
The claimants sought judicial review in respect of the alleged failure of the London Borough of Croydon Council, as local education authority, to make suitable provision for their education, and more generally in respect of the alleged failings of the Council to provide sufficient secondary schooling in its area. The claimants are children, each of … Continue reading KS and Another, Regina (on The Application of) v London Borough of Croydon: Admn 20 Oct 2010
Judges: Rix, Lloyd, Black LJJ Citations: [2011] EWCA Civ 925 Links: Bailii Statutes: Children Act 1989 20 Jurisdiction: England and Wales Children Updated: 17 September 2022; Ref: scu.442256
Claim for judicial review of the Defendant local authority’s refusal to exercise its discretion to treat the Claimant as if she were a ‘former relevant child’ within the meaning of section 23C of the Children Act 1989 (‘the 1989 Act’). The Claimant is now an adult. The practical effect of the Defendant’s refusal to treat … Continue reading AB, Regina (on The Application of) v The London Borough of Ealing: Admn 11 Dec 2019
TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Judges: Sir Nicholas Wall P, Moore-Bick, Black LJJ Citations: [2011] EWCA Civ 812 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 16 September 2022; … Continue reading In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011
Renewed application despite earlier order that no application should be made Citations: [2003] EWCA Civ 1827 Links: Bailii Statutes: Children Act 1989 81(14) Jurisdiction: England and Wales Children Updated: 16 September 2022; Ref: scu.191207
Application by the London Borough of X for orders permitting the local authority a) to place a child Y outside of the jurisdiction, in Scotland, pursuant to paragraph 19, Schedule 2, Children Act 1989; b) to deprive Y of his liberty and c) to utilise the services of a secure transport company to transport Y … Continue reading The London Borough of X v Y (Deprivation of Liberty In Scotland): FD 23 Feb 2021
Claim for judicial review of a decision of the defendant local authority to refuse to provide accommodation and support to the claimants, together with their parents, under section 17 of the Children Act 1989. Judges: Leggatt J Citations: [2013] EWHC 1205 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children, Housing Updated: 15 September … Continue reading MN and Another v London Borough of Hackney: Admn 10 May 2013
The British father, of Afghan origin, travelled back to Afghanistan to marry. His wife, the mother, planned to come to England but had never left Afghanistan when their first child was born. Her subsequent journey (alone) to England may have resulted in her own habitual residence being established in England, but clearly could not affect … Continue reading SH v HH (Jurisdiction to Grant Wardship): CA 8 Jul 2011
Judges: Sir Nicholas Wall P Citations: [2011] EWHC 1672 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 15 September 2022; Ref: scu.441420
The court heard appeals in care hearings. Judges: Sir Nicholas Wall P, Rix LJ Citations: [2011] EWCA Civ 745, [2011] 2 FLR 955 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 15 September 2022; Ref: scu.441236
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988
Judges: Baron J Citations: [2010] EWHC 3792 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Child Support Updated: 13 September 2022; Ref: scu.440454
The mother appealed against a judge’s refusal in care proceedings to make a direction under section 38(6) of the Children Act 1989. Citations: [2011] EWCA Civ 661 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 13 September 2022; Ref: scu.440315
Appeal by a local authority against an order refusing the authority’s application for a secure accommodation order under s.25 of the Children Act 1989 in respect of a 15-year-old girl. Citations: [2019] EWCA Civ 2025 Links: Bailii Jurisdiction: England and Wales Children Updated: 12 September 2022; Ref: scu.644122
Dame Elizabeth Butler-Sloss P said that in abuse cases, evidence: ‘cannot be evaluated in separate compartments. A judge in these difficult cases has to have regard to the relevance of each piece of evidence to other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion … Continue reading In In Re T (Abuse: Standard of Proof): CA 19 May 2004
Whether the Defendant local authority is obliged to provide support, including accommodation, to the Claimant and her mother pursuant to section 17 of the Children’s Act 1989, pending determination of the mother’s appeal against the refusal by the United Kingdom Border Agency acting on behalf of the Secretary of State for the Home Department, of … Continue reading Eat, Regina (on The Application of) v London Borough of Newham: Admn 28 Feb 2013
Application by the father of four children, aged between 7 and 15, for permission to appeal against the decision of a circuit judge who refused to permit him to make an application for the implementation of an order for indirect contact with the children during the currency of an order made by a different judge … Continue reading LTF v LMF: CA 17 Aug 2006
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The father appealed against an order restraining him from taking further contact proceedings. Judges: Mummery, Rimer, Black LLJ Citations: [2010] EWCA Civ 1449 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 03 September 2022; Ref: scu.430479
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The child was taken to hospital with injuries which the doctors concluded were non-accidental. The identity of the abuser was in doubt. Held: The court set out to identify the procedures in cases involving suspected non-accidental injuries where there was insufficient identification of the abuser. There are two parts to the threshold test, the harm … Continue reading North Yorkshire County Council v SA and others: CA 1 Jul 2003
There had been care proceedings as to C. The mother was treated by a psychiatrist, X, and an associate Y. They also prepared expert reports. M formally complained about X, and the charges having been dismissed, the doctors now sought disclosure of further medical recods from the care proceedings. His medical reputation had been severely … Continue reading Re C (A Child): FC 29 Sep 2015
The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner had accepted an offer to work as GPs on Stronsay. Held: The … Continue reading In re F (Children): CA 27 Oct 2010
The father appealed against orders made in the county court in the course of child contact enforcement proceedings. He had residence of the child, but had repeatedly failed to make his son available for contact at the times ordered causing financial loss to the mother who had travelled to see him. Held: With minor exceptions, … Continue reading Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 2010
The claimant had had foster care of two children. They were with temporary respite placements when the respondent decided to place in a different foster setting but without consulting the claimant or otherwise giving him notice. Held: (ex tempore) The request was granted. There was no general duty at common law to consult with a … Continue reading Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010
Judges: Baker J Citations: [2010] EWHC 2503 (Fam) Links: Bailii Statutes: Human Rights Act 1998 7 8, Children Act 1989 Jurisdiction: England and Wales Children, Human Rights Updated: 25 August 2022; Ref: scu.425315
The court considered the duties of disclosure in applications for care orders. Judges: Sir Nicholas Wall P Citations: [2010] EWHC 2528 (Fam) Links: Bailii Statutes: Children Act 1989 31(3) Jurisdiction: England and Wales Children Updated: 25 August 2022; Ref: scu.425316
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010
Application by a local authority for permission to withdraw care proceedings pursuant to FPR 1991 4.5; it is supported by the parents and by W (a party in his own right). The guardian advocates that no order should be made in this case but is less confident in (but does not seek to oppose) withdrawal … Continue reading WSCC v M and Others: FD 30 Jul 2010
A child who was the subject of an application under the Act has welfare priority over even his own child-parent’s upbringing. Citations: Independent 01-Apr-1994, Times 10-Mar-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 21 August 2022; Ref: scu.80441
Judges: Blake J Citations: [2008] EWHC 1230 (Admin) Links: Bailii Statutes: Children Act 1989 23 29 Jurisdiction: England and Wales Children Updated: 20 August 2022; Ref: scu.270049
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Where a child had returned to a district, and both parents and foster parents had also left the area, it was unrealistic to lay responsibility for the child’s care at the former authority, and the proper responsible authority was that within which the child now resided. Citations: Times 01-Jun-1999, Gazette 27-Jun-1999 Statutes: Children Act 1989 … Continue reading North Yorkshire County Council v Wiltshire County Council: FD 1 Jun 1999
The court was asked whether and if so, on what basis a Court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act, 2005, rather than the Children Act, 1989. Judges: … Continue reading B (A Local Authority) v RM and Others: FD 15 Oct 2010
Lawyers should warn their clients of the wide range of the court’s powers in care cases. Orders can be made under other sections even though the application is under only one section. The court is not limited to the application presented, but has power to make the orders it saw to align with its first … Continue reading Re S-W: FD 1 Mar 1993
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997
Judges: Symons QC J Citations: [2010] EWHC 49 (Admin) Links: Bailii Statutes: Children Act 2004 11, Children Act 1989 17 Jurisdiction: England and Wales Children Updated: 13 August 2022; Ref: scu.392987
Judges: Thorpe, Wall, Patten LJJ Citations: [2009] EWCA Civ 1405, [2010] 1 FCR 305, (2010) 112 BMLR 101, [2010] Fam Law 235 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 11 August 2022; Ref: scu.392511
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the negligence or other torts committed by the contractor in the course of the execution of the work. … Continue reading D and F Estates v Church Commissioners for England: HL 14 Jul 1988
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989
Three elder brothers and sisters of Z had been taken into care after one suffered serious non-accidental injury. Before Z’s birth the authority planned for a placement, but had stayed with her parents for nearly a year subject to supervision in the hope that she could stay there. The evidence was that she could not … Continue reading The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008
The father sought to withdraw his application for contact, but the court took the opportunity to explain some points relating to contact disputes. Held: Such disputes engender very deep feelings. Courts must ensure contact with both parents save when absolutely necessary. Joint residence order should be more widespread, but they were not the default order. … Continue reading The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003
Lord Donaldson of Lymington MR said: ‘So it is not a case of parental right opposed to the interests of the child, with an assumption that parental right prevails unless there are strong reasons in terms of the interests of the child. It is the same test which is being applied, the welfare of the … Continue reading Re H (A Minor) (Custody: Interim Care and Control): CA 1991
The claimant, an illegal immigrant challenged the refusal of the respondent Council to provide support to her children under the 1989 Act. Judges: Robin Purchas QC Citations: [2013] EWHC 43 (Admin), [2013] 1 WLR 1163, [2013] 2 FCR 319, [2013] BLGR 363, [2013] WLR(D) 60, (2013) 16 CCL Rep 63 Links: Bailii, WLRD Statutes: Children … Continue reading KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013
Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of … Continue reading AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The claimant challenged refusal by the defendant to provide financial support for his studies. Judges: Laws, McCombe LJJ, Sir Stanley Burnton Citations: [2013] EWCA Civ 960, [2013] WLR(D) 322 Links: Bailii, WLRD Statutes: Children Act 1989 23C(4) 24B(2) Jurisdiction: England and Wales Citing: Appeal from – Kebede and Another v Secretary of State for Business … Continue reading Kebede and Another, Regina (on The Application of) v Newcastle City Council: CA 31 Jul 2013
‘This case raises a number of points of interest for the profession relating: (1) to second appeals in children’s cases; and (2) to the application of the welfare test under section 1 of the Children Act 1989 (the 1989 Act) to a case involving a residence dispute between the father and the maternal grandmother of … Continue reading In re B (A Child); GB v RJB, GLB: CA 11 Jun 2009
Judges: Charles J Citations: [2008] EWHC 363 (Fam), [2008] 2 FLR 293, [2008] Fam Law 499 Links: Bailii Statutes: Child Abduction and Custody Act 1985, Children Act 1989, Supreme Court Act 1981 Jurisdiction: England and Wales Children Updated: 26 July 2022; Ref: scu.276697
