The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed.
Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties adversely affected the children, but it was a cardinal principle of the Children Act 1989 that the courts were not empowered to intervene in the way local authorities discharged their parental responsibilities under final care orders. The provisions of the 1998 Act were insufficient to support the decision. The Court of Appeal had also sought to make greater use of interim care orders, particularly where the judge disagreed with the proposed care plan. Nevertheless, the overwhelming balance was a in favour of certainty and the statutory need for speed, and interim care orders were inappropriately used if for this purpose.
Judges:
Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Browne-Wilkinson, Lord Mustill and Lord Hutton
Citations:
Times 15-Mar-2002, Gazette 25-Apr-2002, [2002] 2 AC 291, [2002] UKHL 10
Links:
Statutes:
Human Rights Act 1998 7 8, Children Act 1989
Jurisdiction:
England and Wales
Citing:
Appeal from – In Re W and B (Children: Care Plan) In Re W (Child: Care Plan) CA 7-Jun-2001
Courts should take additional powers under the Act for the management and implementation of care plans made in care proceedings. In these cases, an order had been made on the basis of a care plan which subsequently proved impossible to implement, . .
Cited by:
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Davidson v Scottish Ministers HL 15-Jul-2004
The claimant had sought damages for the conditions in which he had been held in prison in Scotland. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to . .
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Cited – Cheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.
Children, Human Rights
Updated: 12 May 2022; Ref: scu.167982
