Search Results for: Children

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Doncaster Children’s Services Trust (Other): ICO 8 Mar 2021

The complainant has requested information regarding the cost of a claim against the public authority. The Commissioner’s decision is that, on the balance of probabilities, Doncaster Children’s Services Trust is not withholding any information in scope the request. The Commissioner does not require any steps. FOI 1: Complaint not upheld Citations: [2021] UKICO IC-42999 Links: … Continue reading Doncaster Children’s Services Trust (Other): ICO 8 Mar 2021

Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 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 Children’s Rights Alliance for England v Secretary of State for Justice: Admn 11 Jan 2012

Allegations of unlawfully executed restraint of, or other physical interventions with, children and young persons held or, more likely, formerly held in one or other of the four Secure Training Centres in the UK. Judges: Mr Justice Foskett Citations: [2012] EWHC 8 (Admin) Links: Bailii Jurisdiction: England and Wales Torts – Other Updated: 24 August … Continue reading The Children’s Rights Alliance for England v Secretary of State for Justice: Admn 11 Jan 2012

W-A (Children : Foreign Conviction): CA 5 Aug 2022

MH appealed from a ruling that his conviction for sexual offences against a child in a Spanish court is admissible in the care proceedings as evidence with presumptive weight, so that the fact of the conviction will stand as proof of the facts underlying it unless MH rebuts that presumption on the balance of probability. … Continue reading W-A (Children : Foreign Conviction): CA 5 Aug 2022

Neary v Service Children’s Education and Others: EAT 17 Jun 2010

EAT DISABILITY DISCRIMINATION – Exclusions/jurisdictions Was the Claimant ‘ordinarily resident in Great Britain’ for the purposes of section 68(2A)(c) Disability Discrimination Act and regulation 10(2)(c) Employment Equality (Age) Regulations 2006, so as to found jurisdiction to determine his complaints of disability and age discrimination? Employment Tribunal’s decision that he was not was upheld on the … Continue reading Neary v Service Children’s Education and Others: EAT 17 Jun 2010

In re A (Children) (Abduction: Interim Powers); EA v GA: CA 27 May 2010

The parents, both of Nigerian origin had started a family in Ireland. The mother came to England seeking asylum, going first to Salford and then to London. The father sought their return under the 1985 Act. The court had made interim orders for the authority to support the children and mother pending the outcome of … Continue reading In re A (Children) (Abduction: Interim Powers); EA v GA: CA 27 May 2010

Kang, Regina (on The Application of) v Children and Family Court Advisory and Support Service (CAFCASS): CA 22 Feb 2010

Application for leave to appeal against refusal of leave to bring judicial review of action of an officer of CAFCASS in a case, and in particular the handling of a complaint against the officer. Judges: Waller, Wilson LJJ Citations: [2010] EWCA Civ 317 Links: Bailii Jurisdiction: England and Wales Judicial Review, Administrative Updated: 17 August … Continue reading Kang, Regina (on The Application of) v Children and Family Court Advisory and Support Service (CAFCASS): CA 22 Feb 2010

Miah (Section 117B NIAA 2002 – Children): UTIAC 23 Nov 2015

(i) In section 117B(1)-(5) of the Nationality, Immigration and Asylum Act 2002 parliament has made no distinction between adult and child immigrants. (ii) The factors set out at section 117B(1)-(5) apply to all, regardless of age. They are not however an exhaustive list, and all other relevant factors must also be weighed in the balance. … Continue reading Miah (Section 117B NIAA 2002 – Children): UTIAC 23 Nov 2015

F and G (Children : Sexual Abuse Allegations): CA 25 Jul 2022

An intervenor in care proceedings appeals against findings that he sexually abused the five-year old daughter of his former partner. Judges: Lord Justice Baker Lady Justice Elisabeth Laing And Lord Justice William Davis Citations: [2022] EWCA Civ 1002 Links: Bailii Jurisdiction: England and Wales Children Updated: 15 August 2022; Ref: scu.679673

In re D (Children); BD v AID: CA 9 Feb 2010

The father sought leave to appeal against an order permitting the mother to remove the parties two sons from Wales to live in Slovakia. The judge had made a shared residence order. Wall LJ discussed the criticisms of Payne -v- Payne, saying: ‘There has been considerable criticism of Payne v Payne in certain quarters, and … Continue reading In re D (Children); BD v AID: CA 9 Feb 2010

National Society for The Prevention of Cruelty To Children v Dear: EAT 7 Jan 2010

EAT UNFAIR DISMISSAL: Constructive dismissalThe Claimant was employed by the Respondent in a position involving child protection. He failed to comply with procedures laid down by the Respondent and the Respondent therefore laid down certain performance requirements which the Employment Tribunal considered were put in place to ensure the Claimant’s further compliance with proper procedures. … Continue reading National Society for The Prevention of Cruelty To Children v Dear: EAT 7 Jan 2010

In re J (Children) (Costs of Fact-Finding Hearing): CA 26 Oct 2009

Mother and father disputed contact. The district judge held a fact finding hearing to resolve allegations of violence made by the mother and denied by the father. Most of the mother’s allegations were held to be established and she sought the costs of the hearing. The district judge refused her application and made no order … Continue reading In re J (Children) (Costs of Fact-Finding Hearing): CA 26 Oct 2009

Philliskirk v Secretary of State for Children, Schools and Families: CST 20 May 2008

Citations: [2007] EWCST 1115(PT) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for Children, Schools and Families v Philliskirk Admn 31-Oct-2008 Collins J considered the ability of the Care Standards Tribunal to determine issues of primary fact: ‘Of course, it is right that the Tribunal is reviewing the Secretary … Continue reading Philliskirk v Secretary of State for Children, Schools and Families: CST 20 May 2008

Birmingham Children’s Trust (Local Government): ICO 16 Oct 2020

The complainants requested various expenditure information. Birmingham Children’s Trust had not issued a substantive response at the date of this notice. The Commissioner’s decision is that the Trust failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the … Continue reading Birmingham Children’s Trust (Local Government): ICO 16 Oct 2020

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

Children and Family Court Advisory and Support Service (Decision Notice): ICO 15 Nov 2012

ICO The complainant requested information from the Children and Family Court Advisory Support Service (CAFCASS) about the work it carries out with children. CAFCASS provided some information but said that it would exceed the cost limit to comply with one part of the request. The Commissioner’s decision is that CAFCASS was entitled to refuse to … Continue reading Children and Family Court Advisory and Support Service (Decision Notice): ICO 15 Nov 2012

Da’Bell v National Society for Prevention of Cruelty To Children: EAT 28 Sep 2009

EAT UNFAIR DISMISSALConstructive dismissalDISABILITY DISCRIMINATIONCompensationIn a claim for constructive unfair dismissal where the last straw doctrine was not relied on, the Employment Tribunal was entitled to hold that the Claimant’s reason for resignation 12 weeks after the relevant breach was not that breach.The Employment Tribunal did not err when it placed the injury to feelings … Continue reading Da’Bell v National Society for Prevention of Cruelty To Children: EAT 28 Sep 2009

Re R (Children: Control of Court Documents): CA 12 Feb 2021

The court considered a power of the court in family proceedings to control the distribution of its judgments and of other documents filed for the purpose of the proceedings. It arises from an order made at the end of a fact-finding hearing in care proceedings whereby His Honour Judge Oliver Jones directed that the Appellant, … Continue reading Re R (Children: Control of Court Documents): CA 12 Feb 2021

The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008

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

Principal Reporter, Scottish Children’s Reporter Administration, Re Suspension Ad Interim Of an Interlocutor: SCS 30 Jun 2009

(Outer House) Citations: [2009] ScotCS CSOH – 94, [2009] CSOH 94 Links: Bailii Statutes: Children (Scotland) Act 1995 93(2)(b)(c) Jurisdiction: Scotland Cited by: Appeal from – The Principal Reporter v JPK and Another SCS 21-Jan-2010 . .At Outer House – Principal Reporter v K SC 15-Dec-2010 The court was asked as to the right of … Continue reading Principal Reporter, Scottish Children’s Reporter Administration, Re Suspension Ad Interim Of an Interlocutor: SCS 30 Jun 2009

In re P-J (Children) (Abduction: Consent): CA 23 Jun 2009

An application was made under the 1985 Act. The mother answered by saying that the removal of the child had been approved by the father. Held: The mother’s appeal failed. The father had clearly indicated that he withdrew his consent before the mother left Spain. The time which mattered was the state of consent at … Continue reading In re P-J (Children) (Abduction: Consent): CA 23 Jun 2009

NH v A County Council and Others; In re D (Children) (Care proceedings: Preliminary hearings): CA 4 Jun 2009

The father appealed against a finding that he had been the sole perpetrator of injuries to his children. There had been the first limb of a split hearing. Held: The judge had made an unnecessary finding. It was clear that at least one of the two carers was responsible, but not clear which one, and … Continue reading NH v A County Council and Others; In re D (Children) (Care proceedings: Preliminary hearings): CA 4 Jun 2009

Baboo Benee Suhaee and Baboo Madho Suhaee, Children Of Mussummaut Seetul Bahoo, By Their Guardian, Ramchurn Lal v Baboo Hurkishen Doss: PC 8 Feb 1834

(Bengal) The Court of Sudder Dewaany Adawlut of Bengal ought not to affirm a decree of a Provincial Court in a case respecting a balance of partnership accounts without examining the original acccunt books of the firm, if they are tendered in evidence before it, although they were not produced before the Provincial Court.(Bengal) The … Continue reading Baboo Benee Suhaee and Baboo Madho Suhaee, Children Of Mussummaut Seetul Bahoo, By Their Guardian, Ramchurn Lal v Baboo Hurkishen Doss: PC 8 Feb 1834

In re B (Children): CA 21 May 2003

Admission and use of consultant psychologist’s evidence in child sexual abuse allegation. Citations: [2003] EWCA Civ 786, [2003] 1 FCR 463, [2003] Fam Law 623, [2003] 2 FLR 813 Links: Bailii Jurisdiction: England and Wales Children Updated: 23 July 2022; Ref: scu.249053