The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact and to face up to it honestly. If we do not we risk … Continue reading F v M: FD 1 Apr 2004
The court considered an application for a residence order as between same sex parents where the child was born after artificial insemination. Judges: Thorpe, Tuckey, Arden LJJ Citations: [2005] EWCA Civ 462, [2005] 2 FLR 957, [2006] 1 FCR 436 Links: Bailii Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 24 July … Continue reading Re G (Children): CA 6 Apr 2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be broadcast, and she wished to criticise her care. Held: An injunction was refused. ‘If Pamela has … Continue reading E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
Citations: [2018] EWHC 3298 (Admin) Links: Bailii Statutes: Children Act 1989 17, Chronically Sick and Disabled Persons Act 1970 2 Jurisdiction: England and Wales Local Government, Children, Immigration, Housing Updated: 23 July 2022; Ref: scu.631204
The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. Judges: Ward, maurice Kay LJJ, Sir John Chadwick Citations: [2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] … Continue reading A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008
The court considered the benefits to a child of continuing parental contact while the child remained in care. Simon Brown LJ said: ‘I recognise of course that the threshold criteria for a care order under section 31 of the 1989 Act require the court to be satisfied that a child is suffering or is likely … Continue reading In re E (A Minor) (Care Order: Contract): CA 1994
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
Care proceedings had been issued in respect of A at birth. The father sought a decision as to whether the paternal parents could be informed of the birth. He was from a Muslim background and feared that if told at the wrong time they might reject A. Judges: Sumner J Citations: [2006] EWHC 3065 (Fam), … Continue reading Birmingham City Council v S and others: FD 1 Dec 2006
Judges: Sir Mark Potter P Citations: [2008] EWHC 3000 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Taxes Management, Child Support Updated: 21 July 2022; Ref: scu.278658
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents … Continue reading In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The claimants, a newspaper and its editor sought judicial review of a refusal to stay private prosecutions brought against them alleging breach of requirements that they not identify children involved in court proceedings, in this case those of the prosecutor. Held: This was ‘a clear case where the court’s conscience is offended by the fact … Continue reading Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008
The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment. Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. Judges: Mummery LJ, Wall LJ Citations: [2008] EWCA Civ 1078 Links: Bailii Statutes: Children … Continue reading In re S (A Child): CA 12 Aug 2008
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 … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress. Held: In this case the balance was in favour of the mediator giving the evidence requested. In … Continue reading Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009
The unmarried parents fought bitterly over residence contact with the child. Judges: Munby J Citations: [2009] EWHC 1807 (Fam) Links: Bailii Statutes: Children Act 1989 8 Jurisdiction: England and Wales Citing: See Also – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009 Application in respect of the proposed disclosure to the … Continue reading In re N (A Child); A v G: FD 17 Jul 2009
The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001
The effect of section 12(5)(b) of the Criminal Justice and Court Services Act 2000 was to continue the appointment of a child’s guardian ad litem after the making of a supervision order until the order expired or the guardian’s appointment was terminated by the court. His functions should be carefully defined to provide a specific … Continue reading MH, SB, MB v Local Authority (Supplemental Judgement): FD 3 Aug 2001
A supervision order had been made for twelve months. There was a concern at contact with the mother’s mother’s partner. The father appealed refusal of an order extending the period to three years. Held: Such an order was permissible. Judges: Lord Justice Thorpe, Lady Justice Arden and Lord Justice Hughes Citations: [2008] EWCA Civ 199, … Continue reading T (A Child) v Wakefield Metropolitan District Council: CA 19 Mar 2008
Challenge to the First Defendant’s decision to cease providing the claimants with accommodation and subsistence under section 17 of the Children Act 1989 following an assessment of their needs. Judges: Anne Whyte QC Citations: [2019] EWHC 793 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children Updated: 14 July 2022; Ref: scu.639685
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The court is to exercise control over proceeedings with particular regard to unnecessary investigations carried out by medical experts. Citations: Times 04-Apr-1994 Statutes: Children Act 1989 Jurisdiction: England and Wales Children, Evidence Updated: 12 July 2022; Ref: scu.81903
Once the threshhold criteria for a care order have been met, the court must still enquire on an application for an interim care order, as to whether there is an imminent risk of really serious harm to the child, whether the risk to the child’s safety requires the immediate separation requested. Judges: Thorpe LJ, Lawrence … Continue reading In re H (A Child) (Interim Care Order): CA 12 Dec 2002
Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and … Continue reading Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007
Appeal against care order. Citations: [2006] EWCA Civ 1864 Links: Bailii Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.249111
Application for leave to appeal – adjourned for two man court. Judges: Wilson LJ Citations: [2007] EWCA Civ 65 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.248393
A notice of motion to a judge in the Family Division was the correct procedure for challenging a refusal by magistrates either to remit arrears of periodical payments for children, or to vary the existing order. An appeal to the county court was not the correct thing to do. Citations: Times 08-Dec-1992 Statutes: Children Act … Continue reading S v S: FD 8 Dec 1992
Judge to hear oral evidence where affidavit evidence in stark contradiction. Citations: Ind Summary 21-Nov-1994 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85775
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases. Held: The appeal … Continue reading Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994
Hair-testing of mother for drug abuse allegation during care proceedings. Judges: Baker J Citations: [2012] EWHC 2548 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.464866
Application for secure accommodation order is family proceeding-hearsay admissible. Citations: Gazette 29-Apr-1992 Statutes: Children Act 1989 25 92(2) Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.88354
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. Citations: Gazette 26-Aug-1998, Times 29-Jul-1998, Gazette 16-Sep-1998 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England … Continue reading Southwark London Borough Council v B and Others: FD 29 Jul 1998
Justices were to explain their findings of fact behind finding that the section 31 threshold had been reached. Citations: Ind Summary 07-Aug-1995 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85735
The Court is to look at actual reasonable expenditure in order to calculate a maintenance requirement. Citations: Ind Summary 17-May-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85737
Evidence in Children Act proceedings released for defence in criminal case. Citations: Independent 23-Nov-1993 Statutes: Children Act 1989 98 Jurisdiction: England and Wales Criminal Practice Updated: 09 July 2022; Ref: scu.85802
The mother had courted publicity for herself and her daughter. The local authority sought a care order, and an interim order made. It was anticipated that there was media interest in continued identification of the child (whose name as anonymised for this report). The authority sought an order restricting identification of the child and associated … Continue reading In re Jane (A Child): FD 1 Nov 2010
Whether child in special need not for Children Act s8 – must use Judicial Review. Citations: Ind Summary 03-Apr-1995 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85800
Exceptional circumstances might exist such that the need to protect a child’s primary carer would require the court to safeguard that at the expense of the immediate consideration of the welfare of the children. Here, contact had been established after the separation, but the father suffered a degenerative disease, and threatened his own suicide, and … Continue reading In re H (Children) (Contact Order) ( No 2): FD 22 Jun 2001
The court discussed the duty of counsel and their instructing solicitors in proceedings under the Children Act 1989 to ensure that expert witnesses are kept up to date with events in the case; and, in particular, that before expert witnesses are called to give oral evidence, they have been sent and have read all relevant … Continue reading Re G, S and M (Wasted Costs): FD 20 Sep 1999
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006
The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ deficiencies had had ‘subtle and ambiguous consequences’ for the children. Such consequences could not amount to significant … Continue reading Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006
The mother appealed an order that her younger son be placed in care and freed for adoption. Hers and her children’s lives had been chaotic. Nevertheless she complained that she had not been given the opportunity to demonstrate her ability to care for her son. She sought an assessment under s38(6). The judge had concluded … Continue reading In re K (Children): CA 27 Jul 2005
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The authority, having taken the mother three older children took an interim care order within ten days of the birth of the fourth. Both parents went into a residential assessment unit with the baby, and on progress being made, proposed rehabilitation in the community. On one occasion the mother left the unit overnight, complaining of … Continue reading Re H (a Child): 12 Dec 2002
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
Judges: Lord Justice Thorpe Lord Justice Laws Lady Justice Hallett Citations: [2006] EWCA Civ 479 Links: Bailii Statutes: Children Act 1989 15 Jurisdiction: England and Wales Children Updated: 06 July 2022; Ref: scu.241401
On the birth of their fourth child, the three older children having removed and adopted, the authority obtained psychiatric reports for the parents and applied for a further care order. One report offered treatment over two years, the other doubted whether rehabilitation was possible. The Guardian’s expert’s report suggest possible treament leading to rehabilitiation within … Continue reading Re B (Psychiatric Therapy for Parents): 1999
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor … Continue reading G, Re Application for Judicial Review: CA 11 Apr 2001
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003
The local authority applied for an interim care order immediately the child, B, was born. A proposal was made for the mother and child to move from the maternity hospital to a residential placement a mother and baby home which provided help in improving parents’ child care skills. The local authority was not prepared to … Continue reading In re B (Interim care order: Directions): CA 14 Jan 2002
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005
Judges: Henley Rec Citations: [2016] EWFC B27 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.563136
Applications for care orders in relation to seven children. Judges: Harris HHJ Citations: [2014] EWFC B147 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.540378
Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003
The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision. Held: The statutes were unclear, but the result was that … Continue reading Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005
‘Mrs S is the maternal aunt of three children E, born in 1992; S, born in 1993 and T born in 1997 to her sister, who sadly has a history of mental illness. The only issue that I have to review this morning is the management of an application which she made for leave to … Continue reading Re G (Children): CA 14 Sep 2001
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004
Judges: Mostyn J Citations: [2015] EWHC 2616 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Child Support Updated: 28 June 2022; Ref: scu.558980
Application is by a Local Authority for a secure accommodation order, whether that be under Section 25 of the Children Act 1989 or else under the inherent jurisdiction of the High Court. Judges: Bodey J Citations: [2015] EWHC 3010 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 28 June 2022; … Continue reading A Local Authority v S: FD 15 Oct 2015
Where a minor is accommodated voluntarily under Section 20 of the Children Act 1989, is the court prevented by Section 100 of the same Act from making the child a ward of court? Judges: Lord Justice Thorpe Citations: [2012] EWCA Civ 1773 Links: Bailii Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.470113
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and business. Judges: Peter Gibson LJ, May LJ Citations: [2002] EWCA Civ 569 Links: Bailii Statutes: Children Act 1989 … Continue reading Bowden and Another v Lancashire County Council: CA 16 Apr 2002
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
Guidance on the incorporation of time for judgment writing when determining the timetable, under section 32 of the Children Act 1989, for the disposal of an application for a care or supervision order. Judges: Aikens, McFarlane, Bean LJJ Citations: [2015] EWCA Civ 606, [2016] 1 WLR 14, [2015] WLR(D) 264, [2015] Fam Law 1054 Links: … Continue reading In re T (Children): CA 18 Jun 2015
Appeal against a decision of the High Court that a fact-finding judgment in proceedings under the Children Act 1989 should be published with the names of the father and the mother included, and only relatively modest redactions, primarily aimed at mitigating the impact of publication on the couple’s infant child. The appellant is the father, … Continue reading Griffiths v Tickle and Others: CA 10 Dec 2021
The child was placed for adoption. In the period before adoption, contact with her family continued. The prospective adopters said that this was unsettling. Held: It would be unusual to make an order for contact against the wishes of the proposed adopters. Their wishes were not unreasonable, and the order reducing contact was upheld. Judges: … Continue reading In re R (a Child) (Adoption: Contact): CA 18 Aug 2005
Judges: King, Lindblom, Peter Jackson LJJ Citations: [2019] EWCA Civ 575, [2019] WLR(D) 208 Links: Bailii, WLRD Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 14 June 2022; Ref: scu.635638
Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for … Continue reading Re I and E (Residential Assessment Order): CA 1997
The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother appealed. Held: The appeal was allowed. When considering such an application for leave to make an application … Continue reading In re H (Children): CA 2003
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004
The court considered an application for an order for parental rights under the 1967 Act. Held: Ward J said: ‘Can this (father) show that he is the father of the child, not in the biological sense but in the sense that he has established or is likely to establish such a real family tie with … Continue reading D v Hereford and Worcester County Council: FD 1991
A five week old baby had been brought into hospital with cranial pressure. At first signs of injury were not seen. It was concluded that the child may have been shaken, and the child protection procedures began. No criminal proceedings were to take place, and no interim care order had been necessary. The local authority … Continue reading A Local Authority v A and D: FD 5 Dec 2001
Citations: [1999] 2 FLR 573 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C) FD 4-Feb-2004 After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate … Continue reading Re P (Section 91(14) Guidelines): CA 1999
A child staying at home was not ‘accomodated’. The appropriate Local Authority was to be chosen by the normal rules. Citations: Gazette 19-Feb-1997 Statutes: Children Act 1989 23 Jurisdiction: England and Wales Children Updated: 10 June 2022; Ref: scu.81798
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997
A complaint against a Local Authority for failing in its duty to a child was to be pursued under the procedure. Citations: Times 19-Feb-1997 Statutes: Children Act 1989 26 Jurisdiction: England and Wales Children Updated: 10 June 2022; Ref: scu.86136
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The parties to the marriage owned a property which they had extended. The relationship deteriorated, and the mother sought an order under the 1996 Act. The mother left the home, and the father cared for the children. He sought orders under the 1989 Act for the transfer of the property. Those proceedings were made subject … Continue reading White v White: CA 19 May 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with insufficient direct knowledge of the issues and people involved. Judges: Lord Justice … Continue reading A Health Authority v Dr X and Others: CA 21 Dec 2001
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
The council had a policy under which the financial assistance it gave to short term foster carers who were relatives of the children involved was rather less than would be given to non-family carers. The policy was challenged as unreasonable. Held: The policy which imposed arbitrary financial limits was unreasonable, and would inevitably conflict with … Continue reading Regina (L and Others) v Manchester City Council, Regina (R and Another) v Same: QBD 28 Sep 2001
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to emergency care order concerning J.; No violation of Art. 8 with regard to emergency care order concerning M.; No violation of Art. 8 with regard to normal care orders; Violation of Art. 8 with regard to failure to take steps to reunite … Continue reading K And T v Finland: ECHR 12 Jul 2001
Wall LJ said that section 8 was not to be used by courts to take authority over when a child was to be informed as to the identity of his father. Judges: Wall LJ Citations: Times 01-Jun-2006, [2007] Fam 1 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Cited by: Cited – In re … Continue reading J v C: CA 1 Jun 2006
ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another … Continue reading Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992
