A seven month old child had been injured, but it was not possible to establish whether this had taken place whilst with her parents or with a child minder. The Council brought care proceedings also for the minder’s own child B. Held: Even though the parents could not be held responsible, the threshold conditions which … Continue reading Lancashire County Council and Another v B and Others; Lancashire County Council v A: HL 16 Mar 2000

The court was asked, in proceedings for care and supervision orders under the Act, what have the local authority to be in a position to prove at the time when they make the application? To what extent can they rely upon evidence, which emerges, or events, which take place between the date of the application … Continue reading G (Children): CA 22 Jun 2001

The child was cared for by the maternal grandmother. The court was asked to make orders with regard to the extent of contact for natural mother, and father. Held: In private Children Act proceedings it was generally inappropriate for the judge to order an investigation under s 37, which is a public law procedure. Cases … Continue reading In Re L (A Minor) (Section 37 Direction): CA 5 Feb 1999

A local authoity’s failure to fulfil its obligations may be the subject of a mandatory order in approriate cases. The Court ordered a local authority to carry out a full assessment of a child’s needs in accordance with the guidance given by the Secretary of State in ‘Framework for the Assessment of Children in Need … Continue reading Regina (on the Application of AB and SB) v Nottingham City Council: Admn 30 Mar 2001

The mother applied for but was refused, a residence order. The judge had questioned the need for an order, feeling that section 1(5) raised a presumption against making an order. Held: The appeal succeeded. There was no such presumption. The section asked the court only to ask itself whether an order would be better for … Continue reading In re G (Children) (Residence: Making of order): CA 27 Jul 2005

Application for a secure accommodation order pursuant to section 25 of the Children Act 1989. Citations: [2014] EWFC B90 Links: Bailii Jurisdiction: England and Wales Children Updated: 20 May 2022; Ref: scu.535572

The court rejected an argument that ‘likely to suffer significant harm’ in the subsection was to be equated with ‘on the balance of probabilities’. Citations: [1993] 1 FLR 28 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England and Wales Cited by: Applied – In re A (A Minor) (Care Proceedings) FD 2-Jan-1993 It was again argued … Continue reading Newham London Borough Council v Attorney-General: CA 1993

The grandparents of E who had obtained a special guardianship order to take care of their grand-daughter, whose parents were addicted to drugs, appealed an order refusing them permission to change her surname to theirs. Held: The decision was not inconsistent with the grant of the order giving them parental responsibility. The court retained its … Continue reading In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

The court allowed a limited period of ‘planned and purposeful delay’ before making a care order. Ward J: ‘We have heard much, as we have prepared for the implementation of the Children Act 1989, about partnership. One of those partnerships is the very important one between the court and the local authority, where the part … Continue reading C v Solihull Metropolitan Borough Council: FD 1993

Application was made for judicial review of a decision of the magistrate in proceedings under the Children and Young Persons Act. The issue arose as to whether or not young children should be compelled to give evidence. Held: The decision of the magistrate not to compel the witness was not reviewable. Butler-Sloss LJ said that … Continue reading Regina v B County Council, ex parte P: CA 1991

A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001

Hale LJ said that ‘a comparatively small risk of really serious harm can justify action, while even the virtual certainty of slight harm might not’. Judges: Hale LJ Citations: [2001] 1 FLR 611 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Cited by: Cited – Plymouth City Council v HM Coroner for the County … Continue reading Re C and B (Care Order: Future Harm): CA 2001

The section was to be given a wide interpretation. Citations: [1981] 1 WLR 854 Statutes: Child Care Act 1980 2(1) Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003 The applicants … Continue reading Attorney General ex rel Tilley v Wandsworth London Borough Council: 1981

The threshold conditions for the making of a care order, relate to the absence of proper care of a child, and the suffering of significant harm whilst in care arrangements then prevailing. There was no requirement on the court that it be able to apportion any direct responsibility for that harm to any individual person. … Continue reading Re B and W (Minors), Lancashire County Council and Another v B and Others: CA 27 Jul 1999

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. Citations: Gazette 01-Jul-1998 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales … Continue reading Re B (Threshold Criteria): CA 9 Jun 1998

When two local authorities were competing not to be responsible for the costs of a child committed to care, and the child had proper connections with both areas, the issue was to be decided by asking first whether the child had in fact any ‘ordinary residence’ as such, which would settle the issue in almost … Continue reading Northamptonshire County Council v Islington London Borough Council: CA 21 Jul 1999

The fact that a child was born abroad and remained abroad did not stop the court having jurisdiction to make a parental responsibility order. Citations: Times 27-May-1998, Gazette 28-May-1998 Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 10 May 2022; Ref: scu.82170

A judge may make a residence order of his own motion, in exceptional and clear circumstances, so as to give residence to a person who was debarred themselves, from applying for such an order. There is no explicit statutory restriction preventing a judge from making such an order. Where there is a reported decision on … Continue reading Gloucestershire County Council v P (A Minor) and Others: CA 19 May 1999

A child appealed an order for him to be returned to Croatia to be with his father. The mother had returned to England believing this to be her home. Held: In such cases where the court might make an order under the 1989 Act for residence with the mother, all the information necessary to such … Continue reading In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

The court considered the standard of evidence required to satisfy the threshold condition under the Act: ‘The inescapable construction of section 31, in my judgment, is that the court has to be satisfied by evidence that the significant harm suffered by the child is attributable to the care, or absence of care, given to the … Continue reading In re G (A Minor)(Care Order: Threshold Conditions): FD 1995

A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

It should be routine that, when presenting a case before a court to apply for a care order, the applicant authority should provide a written statement of the reasons, upon which it argued that the threshold conditions had been met. That statement should be based upon the evidence available at the time the decision to … Continue reading In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

The child was made subject to an interim care order. On the application to renew the interim order, the judge decided to limit the matters to be considered to matters which had changes since the last hearing. This was not something to be derived from the Act, but from the ability of the court to … Continue reading In Re B (A Minor) (Interim Care Orders: Renewal): FD 28 Jun 2001

In the light of the new Human Rights law, a supervision order would be preferable to a care order where a local authority sought to protect a child in the light of allegations of abuse or lack of care. Case law predating the new Act would not now be good guidance. The making of a … Continue reading In Re O (A Child) (Supervision Order): CA 20 Feb 2001

The court considered an applicaion for the termination of parental resonsibility for the father. Judges: Singer J Citations: [1995] 3 FCR 753 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 08 May 2022; Ref: scu.523339

The justices had found that a child was likely to suffer significant harm on the basis that there was evidence of such harm as the court should take into account in considering the child’s future. Held: The finding was upheld. Booth J discussed the definition of ‘significant harm’: ‘Significant harm was defined by Miss Black, … Continue reading Humberside County Council v B: 1993

Balcombe LJ said: ‘But before concluding this judgment, I would like to make three general points. The first is that judges should be very reluctant to allow the implacable hostility of one parent (usually the parent who has a residence order in his or her favour) to deter them from making a contact order where … Continue reading In re J (a Minor) (Contact): CA 1994

(Date) The mother appealed against an order of andpound;800,000 to provide her with a home in which to bring up the child of the wealthy ummarried couple. Held: The judge had erred in scaling down pro rata an award made in another large money case. The court noted that in such cases it would avoid … Continue reading In Re S (a Child: Unmarried Parents: financial provision): CA 1 Mar 2006

The one month old baby had been taken into the care of the local authority. The authority appealed the extent of contact with the baby. Held: The appeal failed. It was not wholly improper to allow for the practicalities of arranging such contact, including the financial resources available to meet them. The order was to … Continue reading In re S (a child) (Care proceedings: Contact): FD 5 Jul 2005

The judge had found that the threshold criteria in section 31 had been met, but the authority changed the care plan immediately before the final hearing. The guardian now appealed a final order, having proposed an interim order. Held: Once the care order had been made, the court had no continuing direct role. The order … Continue reading In Re J (Minors) (Care: Care Plan): FD 1994

The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new environment. Mr Karsten submitted that the President made no finding on this … Continue reading Re S (A Minor) (Abduction): CA 1991

The 11 year old child had been subject to non-accidental injury. The perpetrator could not be identified form among those who had care of him. The Family Court had held the first part of a split trial. The judge had been unable to exclude the immediate family and carers from the pool of possible perpetratrors. … Continue reading In re A (a Child) (Care proceedings: Non-accidental injury): CA 1 Jul 2003

Application by A Local Authority for a care order pursuant to section 31 of the Children Act 1989 in respect of Z, who is now six and a half years old. Judges: Mrs Justice Roberts Citations: [2020] EWFC 36 Links: Bailii Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.656378

The court considered the possibility of making a joint residence order. Purchas LJ said: ‘That such an order is open to the court, as has been said in the judgment of Cazalet J, is clear from the provisions of section 11(4) of the Children Act 1989, as was indicated during the debate on the Bill … Continue reading Re H (A Minor) (Shared Residence): CA 1 Dec 1992

The judge need not decide on the outcome of a residence order application before going on to consider a care order. There was no necessary order of consideration. A care order should not normally be made to Local Authority if a capable family member will take child. Citations: Independent 13-Apr-1994, Times 16-Mar-1994, [1994] 1 FLR … Continue reading Oldham Metropolitan Borough Council v E and Others: CA 16 Mar 1994