Tag: Children

Medway Council v Root: FD 15 Mar 2018

Applications for injunctions prohibiting the publication of information relating to two children who are now both over 18 years, concerning care proceedings in 2011 when they were made the subject of care orders.

Citations:

[2018] EWHC 1298 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Information, Media

Updated: 24 April 2022; Ref: scu.618395

A Local Authority v M and N (Female Genital Mutilation Protection Order – FGMPO): FD 19 Apr 2018

Local Authority’s application for a Female Genital Mutilation Protection Order (FGMPO) to prevent N who is an infant, travelling to the Sudan with her mother. The mother (M) is a British citizen born in Sudan, habitually resident in the UK where she has lived for over a decade. The mother has a British passport only.

Citations:

[2018] EWHC 870 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 24 April 2022; Ref: scu.618397

In re F (otherwise A) (A Minor) (Publication of Information): FD 1976

Citations:

[1976] 3 All ER 274, [1976] 3 WLR 307, [1977] Fam 47

Statutes:

Administration of Justice Act 1960 12(1)(a)

Jurisdiction:

England and Wales

Cited by:

Appeal from – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
Cited – Re S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Contempt of Court

Updated: 20 April 2022; Ref: scu.182818

Regina v Secretary of State for the Home Department Ex Parte A: HL 27 Jan 2000

A youth had been remanded into the care of the local authority pending his trial. He was eventually made subject to a custodial sentence and sought to have the period of remand deducted from his sentence. The period in care had not been in a secure environment but a strict regime of curfews and otherwise had applied. The court held that such a remand did not operate to restrict his liberty and the time was not to be deducted.

Judges:

Lord Nicholls of Birkenhead Lord Nolan Lord Steyn Lord Hope of Craighead Lord Clyde

Citations:

Times 28-Jan-2000, Gazette 10-Feb-2000, [2000] UKHL 4, [2000] 2 AC 276, [2000] 1 All ER 651, [2000] 2 WLR 293, [2000] Crim LR 321, [2000] 2 Cr App Rep (S) 263, (2000) 164 JP 141, [2000] Prison LR 13

Links:

House of Lords, Bailii

Statutes:

Criminal Justice Act 1967 Part III

Jurisdiction:

England and Wales

Cited by:

Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Children

Updated: 19 April 2022; Ref: scu.85524

Regina v Gyngall: 1893

The father of the child (a girl of about 15) was dead and it was the mother who was the guardian, it seems by operation of the Guardianship of Infants Act 1886. The decision of the first instance court not to return the girl to her mother, despite there being no misconduct on the part of the mother derogating from her right to custody, was interpreted as an exercise of the Chancery jurisdiction, taking into account the welfare of the child, rather than an exercise of the common law habeas corpus jurisdiction. ‘In exercising the jurisdiction to control or to ignore the parental right the court must act cautiously, not as if it were a private person acting with regard to his own child, and acting in opposition to the parent only when judicially satisfied that the welfare of the child requires that the parental right should be suspended or superseded.’

Judges:

Kay LJ

Citations:

[1893] 2 QB 232

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Cited – J v C (An Infant) HL 19-Feb-1969
The House sought to construe the meaning of the words ‘shall regard the welfare of the infant as the first and paramount consideration’. Lord MacDermott said: ‘it seems to me that they must mean more than that the child’s welfare is to be treated as . .
Mentioned – 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 . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 19 April 2022; Ref: scu.213653

In Re C (A Minor) (Medical Treatment: Court’s Jurisdiction); Re C (Detention: Medical Treatment): FD 21 Mar 1997

A children’s clinic is not secure accommodation, and the court may make orders for his or her treatment whilst in the clinic. The court discussed whether the state had power if necessary to detain a child using its parens patriae powers to give necessary medical treatment. Wall J analysed the permissible use of force in the case of children. As to submissions made on behalf of the child: ‘I take the force of these submissions, and entirely agree with Mr Wood that if it is appropriate to make an order under the inherent jurisdiction in this case, the order should be time-limited, and have built into it stringent safeguards to protect the interests of C. I am also of the view, however, that C’s best safeguard is legal representation and access to the court through her lawyers. Clearly any order must contain liberty to apply on short notice.’ He went on to identify considerations which should be borne in mind by the court when deciding whether, and if so on what terms, to make an order under the parens patriae jurisdiction directing the detention of a child in a specified institution for the purposes of medical treatment: ‘. . (3) Any order the court makes must be based upon and justified by convincing evidence from appropriate experts that the treatment regime proposed
(a) accords with expert medical opinion, and
(b) is therapeutically necessary.
(4) Any order the court makes should direct or authorise the minimum degree of force or restraint, and in the case of an order directing or authorising the detention of the child the minimum period of detention, consistent with the welfare principle.
(5) Any order directing or authorising the detention of the child should
(a) specify the place where the child is to be detained,
(b) specify (i) the maximum period for which the detention is authorised and, if thought appropriate, (ii) a date on which the matter is to be reviewed by the court, and
(c) specify, so far as possible, a place whose location imposes the minimum impediments on easy and regular access between parents and child.
(6) Any order directing or authorising the detention of the child should contain an express liberty to any party (including the child) to apply to the court for further directions on the shortest reasonable notice.’

Judges:

Wall J

Citations:

Gazette 03-Apr-1997, Times 21-Mar-1997, [1997] 2 FLR 180

Statutes:

Children Act 1989 25

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Howard League for Penal Reform) v Secretary of State for the Home Department QBD 29-Nov-2002
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act.
Held: Neither the Prison Act and Rules excluded the Prison . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 19 April 2022; Ref: scu.81787

ZN and Another, Regina (on The Application of) v Bromley Youth Court: Admn 9 Jul 2014

The applicants, both aged 16, sought permission to bring judicial review of a decision to commit thme for trial at the adult Crown Court on theft charges along with a co-defendant adult (though 18).
Held: Permission was granted.
Hayden J said: ‘the Administrative Court will normally not interfere with a public authority’s assessment of evidence or facts but it is generally recognised that review of fact had been permitted in circumstances; a) where the existence of a set of facts is a condition precedent to the exercise of a power (See eg. R v Secretary State of the Home Department ex parte Khawaja [1984]1 AC 74); b) where there has been a misdirection, disregard or mistaken material fact; c) where the decision is unsupported by substantial evidence.
It does seem to me to be additionally at least arguable that in the initial decision the Justices either disregarded or mistook a material fact, namely the existence of an adult Co- Defendant which had the effect of vitiating the rationality of their decision on jurisdiction rendering it reviewable. Of course it is not that decision that is being reviewed, it is the District Judge’s decision to rectify it that is in focus here. These are merely two potentially arguable lines of defence, the DPP has not yet had the opportunity to formulate her arguments properly.

Judges:

Hayden J

Citations:

[2014] EWCh 2300 (Admin)

Links:

Bailii

Statutes:

Magistrates’ Court Act 1980 24A

Jurisdiction:

England and Wales

Citing:

Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A QBD 5-Dec-2003
Magistrates have no Power to redo Mode of Trial
The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial.
Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have . .
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 – W (A Minor), Regina (on The Application of) v Leeds Crown Court Admn 28-Jul-2011
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Children

Updated: 15 April 2022; Ref: scu.533960

T P and K M v United Kingdom: ECHR 31 May 2001

A failure by a local authority to disclose a video tape of an interview deprived the applicant of their right to a fair trial in court proceedings. A child had been placed in care despite when, being interviewed, she had exculpated a relevant member of the household. By refusing to allow access to the tape or a transcript, the mother had not had adequate opportunity to become involved in the decision making process, in breach of the right to family life under article 8. The family had also been denied an adequate remedy on the courts, in that compensation was not available for the failure.

Citations:

Times 31-May-2001

Statutes:

European Convention on Human Rights

Children, Human Rights

Updated: 10 April 2022; Ref: scu.89674

Regina v B (Child: Mode of trial for indecency): CACD 27 Feb 2001

A boy aged fourteen should not have been tried in the Crown Court for allegations of indecency when the complainants were also child witnesses. Such a procedure was not in the interests either of the defendant nor of the complainants. In this case also it could not have been thought that the sentencing powers of the Youth Court would be inadequate.

Citations:

Times 27-Feb-2001

Children, Criminal Practice

Updated: 10 April 2022; Ref: scu.88376

Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994

Local Authority is under no obligation to provide permanent housing for a family with children save as provided under the Act. The Children Act not to be used as a way around homelessness decisions and rules. A Social Services request to house children did not revive any claim made on behalf of the family as a whole. A child without accommodation is a child in need.

Judges:

Lord Templeman

Citations:

Gazette 19-Oct-1994, Independent 21-Jul-1994, Times 18-Jul-1994

Statutes:

Housing Act 1985 Part III, Children Act 1989 22 27

Citing:

Appeal from – Regina v Northavon District Council, ex parte Smith CA 4-Aug-1993
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. . .

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 sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Housing, Children

Updated: 09 April 2022; Ref: scu.87471

Regina v Director of Public Prosecutions, Ex Parte C: QBD 7 Mar 1994

The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act.

Citations:

Gazette 07-Sep-1994, Times 07-Mar-1994

Statutes:

Prosecution of Offenders Act 1985 10

Cited by:

See Also – C (A Minor) v Director of Public Prosecutions QBD 30-Mar-1994
The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction.
Held: The presumption of doli incapax for a 10-14 year old child is no . .
Lists of cited by and citing cases may be incomplete.

Crime, Children, Criminal Practice

Updated: 09 April 2022; Ref: scu.86549

Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993

A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority’s area in general. The other duties and the specific duties which then follow must be performed in each individual case by reference to the general duties which the section sets out. The subsection sets out the duties owed to a section of the public in general by which the authority must be guided in the performance of those other duties. The guidance issued under section 7 of the Local Authority Services Act 1970 entitled The Children Act 1989 Guidance and Regulations, vol 2: Family Support, Day Care and Educational Provision for Young Children indicated that the duties under Part III of the 1989 Act fell into two groups, those which are general and those which are particular, and that the general duties are concerned with the provision of services overall and not to be governed by individual circumstances.

Judges:

Auld J

Citations:

Independent 17-Nov-1993, [1994] ELR 357

Statutes:

Children Act 1989 817(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 sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 09 April 2022; Ref: scu.86095

Regina (A) v Lambeth London Borough Council: QBD 25 May 2001

The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so called target duty decisions made by the local authority pursuant to it were not open to challenge by review. Other sections may give rise to specific duties which might be so challenged, but not the general obligation.
courtcommentary.com Duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family

Judges:

Baker

Citations:

Times 03-Jul-2001, CO/3698/2000, (2001) LGR 513

Links:

courtcommentary.com

Statutes:

Children Act 1989 17 20

Citing:

Appealed to – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
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 . .

Cited by:

Cited – Regina (on the Application of J) v London Borough of Enfield and Another Admn 4-Mar-2002
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
Appeal from – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Judicial Review

Updated: 09 April 2022; Ref: scu.85947

Regina v Tameside Metropolitan Borough Council ex parte J: QBD 22 Oct 1999

Where a child had been placed with a local authority for care on a voluntary basis, parental responsibility remained with the parents, and accordingly the authority was not able to override the parent’s wishes in order to place the child with foster parents. Parental responsibility included the right to choose where a child lived.

Citations:

Times 22-Oct-1999

Children

Updated: 09 April 2022; Ref: scu.85582

Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child’s long terms interests could properly be served by such assistance.

Citations:

Times 31-Dec-1998, Gazette 13-Jan-1999

Statutes:

Children Act 1989 Part III

Children, Local Government, Benefits

Updated: 09 April 2022; Ref: scu.85291

Regina v Cornwall County Council, Ex P L: QBD 25 Nov 1999

A local authority did not have the right to exclude solicitor representatives from child protection case conferences, and must provide minutes of any part of a meeting from which the parent is excluded. To do so would be to fail to follow the guidelines set out by the Secretary of State, which the authority was bound to follow.

Citations:

Times 25-Nov-1999, Gazette 25-Nov-1999, Gazette 17-Dec-1999

Statutes:

Children Act 1989 37, Local Authority Social Services Act 1970 7(1)

Local Government, Legal Professions, Children

Updated: 09 April 2022; Ref: scu.85201

Practice Direction (Crown Court: Trial of Children and Young Persons): LCJ 17 Feb 2000

Directions given to ensure that young persons tried in a Crown Court receive a fair trial allowing for their age and understanding. The trial procedure must not expose the child to humiliation or distress, consideration should be given to splitting off of any adult defendants, consideration should be given to the physical layout of the court, and the court’s daily timetables and otherwise.

Citations:

Times 17-Feb-2000

Criminal Practice, Children

Updated: 09 April 2022; Ref: scu.84876

Oxfordshire County Council v S (A Child) (Care Order): FD 11 Nov 1999

An interim care order, whether made here or in a competent court abroad, had the effect of discharging any pre-existing orders for parental responsibility. A non-parent recipient of such a custody or parental responsibility order ceased to have such responsibility on the making of the interim care order.

Citations:

Times 11-Nov-1999

Statutes:

Children Act 1989 8

Children, International

Updated: 09 April 2022; Ref: scu.84513

P v P (Diplomatic Immunity Jurisdiction): FD 2 Mar 1998

A father returning home at end of a diplomatic posting, on his government’s orders had state (not diplomatic) immunity to take the child home with him.

Citations:

Times 02-Mar-1998

Statutes:

Diplomatic Privileges Act 1964

Cited by:

Appeal from – P v P (Diplomatic Immunity: Jurisdiction) CA 25-Mar-1998
A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision. . .
Lists of cited by and citing cases may be incomplete.

International, Children

Updated: 09 April 2022; Ref: scu.84525

Nottingham City Council v October Films Ltd: FD 21 May 1999

There is a need to protect children from exploitation by the media. Film makers who sought to persuade vulnerable children to participate in filming could be required to provide undertakings to the court not further to do so.
Sir Stephen Brown P said: ‘In this case it is apparent from the correspondence, in particular the solicitors’ letters, that the film company and Channel 4 are at pains to assert their democratic right to interview and film children provided that they obtain their individual consent. There appears to be a complete lack of understanding on their part of the position of the director of social services who has a responsible statutory duty to protect young people in his area. It appears to me that the problems in this case have principally arisen from the fact that the film company took the deliberate decision not to alert or to inform the social services of their proposed operations. They approached these children without parental consent or knowledge and indeed without the knowledge of anybody whose duty it was to seek to afford a degree of supervisory assistance to the children. Undoubtedly misunderstandings occurred as a result.’

Judges:

Sir Stephen Brown P

Citations:

Times 21-May-1999, Gazette 09-Jun-1999, [1999] 2 FLR 347

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-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 . .
Lists of cited by and citing cases may be incomplete.

Media, Children, Media

Updated: 09 April 2022; Ref: scu.84375

In Re R (A Child) (Care Proceedings: Teenage Mother): FD 19 Jul 2000

There is no general rule that the baby of a young teenage mother should be adopted. Nevertheless it would not be right to concentrate on the interests of the mother as a child. The unborn child must be given equal consideration, and a twin-track approach to planning must be used. Where appropriate suitable adopters could be identified before the child’s birth, although this must not pre-empt the decision of the court. An interim placement of the child should be determined on evidence as a matter of urgency after the child’s birth.

Citations:

Times 19-Jul-2000

Children, Adoption

Updated: 08 April 2022; Ref: scu.82134

In Re O; In Re J (Minors) (Blood Tests: Constraint): FD 10 Feb 2000

In cases where putative father sought blood tests to establish that he was the father of a child, the unmarried mother could refuse to allow the test to take place. The clear effect of the wording of the sections together was clear and could not be overridden. It may be that the wording denies the child its Human Rights under the new Act, giving allowance now for the greater recognition of the importance of the father’s involvement in the child’s life.

Citations:

Times 22-Mar-2000, Gazette 10-Feb-2000

Statutes:

Family Law Reform Act 1969 20 21(1)(3)

Children

Updated: 08 April 2022; Ref: scu.82087

In Re O (A Minor) (Child Abduction: Custody Rights): FD 24 Jun 1997

The exercise of the full rights and duties of parenthood can give a right of joint custody for the abduction convention purposes.

Citations:

Times 24-Jun-1997, Gazette 25-Jun-1997

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 1980, Hague Convention on the Civil Aspects of International Child Abduction 1980

Children

Updated: 08 April 2022; Ref: scu.82081

In Re L (Minors) (Sexual Abuse: Disclosure): FD 9 Oct 1997

A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived.

Judges:

Bennett J

Citations:

Times 09-Oct-1997, [1998] 1 FCR 258

Citing:

Appealed to – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .

Cited by:

Appeal from – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81990

In Re J (A Minor) (Prohibited Steps Order: Circumcision): FD 1 Jun 1999

Male circumcision is a lawful act when carried out for religious reasons. Where there is a dispute between the parents as to whether such a step should be taken, an application should normally be made to the court for a decision. When deciding, the court would look to the welfare of the child as paramount.

Citations:

Times 01-Jun-1999, Gazette 08-Dec-1999

Statutes:

Children Act 1989 13(1)

Children

Updated: 08 April 2022; Ref: scu.81955

In Re J (Minor) (Isle of Man: Adoption): FD 7 Jun 2000

Because the Isle of Man is not part of the United Kingdom under the Act, proceedings for an adoption of a child from the Isle of Man were an inter-country adoption, and so had to be commenced in the High Court. There was, however, nothing to prevent the High Court transferring the case to the County Court in appropriate situations. The need arose even though the Act envisaged a child subject to a freeing order being placed with a Manx couple with a view to adoption.

Citations:

Gazette 22-Jun-2000, Times 07-Jun-2000, Gazette 15-Jun-2000

Statutes:

Adoption Act 1976 56

Adoption, Children, International

Updated: 08 April 2022; Ref: scu.81961

In Re H (A Child) (Adoption Disclosure): In Re G (A Child) (Adoption Disclosure): FD 8 Jan 2001

There is no necessity that a father without parental rights must be notified of and heard in adoption proceedings. It was a question for each case, and in circumstances where a mother might justifiably refuse to disclose the identity of the natural father, in order to preserve confidentiality, adoption might proceed without the father being identified. Unless the situation was urgent, it would be appropriate for the authority in such circumstances to apply to the court for directions. The right of the father under the Children Act to apply for parental responsibility did not make him a parent under the Adoption Act. The court did however have the discretion to involve the father. He should be informed unless, for good reasons, it was inappropriate.

Citations:

Times 08-Jan-2001

Statutes:

Children Act 1989, Adoption Act 1976

Children, Adoption

Updated: 08 April 2022; Ref: scu.81916

In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied.

Citations:

Times 22-Jun-2000

Statutes:

Human Rights Act 1998

Children, Local Government, Human Rights

Updated: 08 April 2022; Ref: scu.81879

In Re E and Others (Minors) (Care Proceedings: Social Work Practice): FD 10 May 2000

Social workers must learn from earlier cases of failing to deal properly with abusive parenting. They should keep an up-to-date chronology of a case history which should be at the front of the file. No important decision should be made without a full knowledge of the file and consultation with other professionals involved, including health visitors. A decision by a family not to co-operate could not be taken as a reason to close a file.

Citations:

Times 10-May-2000

Children

Updated: 08 April 2022; Ref: scu.81863

In Re C (A Minor) (Child Support Agency: Disclosure): FD 7 Oct 1994

There is no power to use the Child Support Agency to obtain a father’s address. The Children Act is to be used instead. The Secretary of State was not obliged under Child Support legislation to disclose a father’s address.

Citations:

Times 07-Oct-1994, Gazette 09-Nov-1994

Statutes:

Child Support Act 1991 50(6)

Jurisdiction:

England and Wales

Child Support, Children

Updated: 08 April 2022; Ref: scu.81783

In Re C (A Minor: Contribution Notice): FD 13 May 1993

The father appealed against an order for contribution under the 1989 Act. It was argued that the contributing parent must simply cut his cloth acording to his means, and organise his life to follow first his duty to maintain his child.
Held: The magistrates had not given reasons for their decision, but the court had to endeavour to assist. The Act required the justices to have due regard to the contributors means. The Act set out explicitly the standard to be applied, in para 21(6) and maintenance was not payable save as set out. ‘Essentially the exercise was to assess a contributor’s means by references to the sources of his income and the manner in which he had expended that income. Due regard had to be had to the result of that balancing mathematical exercise and the court clearly had to have regard to wholly unreasonable expenditure. However, provided money was reasonably expended, it did not seem that a value judgment could be superimposed so as to require a court to say that a contributor should not have expended a particular sum of money because of a prior liability to his child. The justices were to allow parents for reasonable and actual expenses when fixing maintenance: ‘The strange state of our law is that there may be a so-called common law duty to maintain, but when one analyses what that duty is it seems effectively to have come to nothing. Like so many rights, the right extends only so far as the remedy to enforce it extends. . . the common law has no remedy. The remedies to enforce a duty to maintain are statutory remedies which are variously laid down in numerous statutes.’

Judges:

Ward J

Citations:

Times 13-May-1993, [1994] 1 FLR 111

Statutes:

Children Act 1989 Sch 2

Cited by:

Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Lists of cited by and citing cases may be incomplete.

Children, Child Support

Updated: 08 April 2022; Ref: scu.81788

In Re D (A Minor) (Residence: Natural Parent): FD 17 Jun 1999

Where contested residence proceedings were bewteen natural, and other potential families, the presumption in favour of the natural parents was such as to require the court not to conduct the balancing exercise. The existence of grounds for concern at returning the child to a natural parent did not affect this.

Citations:

Times 17-Jun-1999, [1999] 1 FLR 134

Cited by:

Cited – CG v CW and Another (Children) CA 6-Apr-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81821

In Re C (A Child) (HIV Test): FD 14 Sep 1999

The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention.
Held: There is a presumption that the united view of the parents of a child as to the treatment of the child correctly identified the best interests of the child and should be followed. This follows from section 5. The presumption is however rebuttable, and where the overwhelming evidence was contrary to that of the parents, it could be rebutted. the views of the parents looked at widely and generously were important factors in the decision, even, to some extent, irrespective of the validity of the underlying grounds for those views. The court noted that any applicant for an order had, in effect, to persuade the court that there positive grounds for taking the matter out of the hands of those with parental responsibility for the child. A court invited to over-ride parental wishes had to move extremely cautiously. However, in the instant case the arguments for over-riding the wishes of the parents and for testing the baby were overwhelming. The baby had rights of her own recognised in national and international law, the baby’s welfare was paramount, and in the baby’s interests the test should take place. ‘This baby has rights of her own. They can be considered nationally or internationally. Under our national law I must determine the case by reference to her welfare (s.1(1)); and, in particular, I must have regard to her physical needs (s.1(3)(b)); to her background, namely her mother’s infection (s.1(3)(d)); and to the harm which she is at risk of suffering (s.1(3)(e)). The UK has ratified the United Nations Convention on the Rights of the Child 1989 The Convention does not have the force of law but assists in our interpretation and development of the law. It is interesting to note that, in requiring respect for the responsibilities and rights of the parents, Art. 5 links them to the provision of appropriate direction and guidance in the child’s exercise of her or his own rights.’

Judges:

Wilson J

Citations:

Times 14-Sep-1999, 1999 2 FLR 1004

Statutes:

Children Act 1989 1(5) 5

Cited by:

Cited – A and D v B and E FD 13-Jun-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81768

In Re AB (A Minor) (Medical Issues: Expert Evidence): FD 17 Aug 1994

An expert witness in child abuse cases was to explain all aspects of any controversial theory.

Citations:

Times 17-Aug-1994, (1995) 1FLR 192

Cited by:

Cited – A and D v B and E FD 13-Jun-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Evidence

Updated: 08 April 2022; Ref: scu.81685

In Re A (Children) (Contact: Expert Evidence): FD 27 Feb 2001

In heavily contested contact proceedings, the father had surreptitiously videoed an episode of contact, and his solicitors had sought an opinion from a psychologist, and provided anonymised information in support of the father’s application.
Held: The court must always be asked for permission to obtain expert reports, and the court should direct what assistance it needed. The solicitor should pay the wasted costs, and the father should pay the costs of the contact centre whose integrity he had attacked.

Citations:

Times 27-Feb-2001, Gazette 20-Apr-2001

Statutes:

Family Proceedings Rules 1991 (SI 1991/1247) 4.18 4.23

Legal Professions, Children

Updated: 08 April 2022; Ref: scu.81624

Essex County Council v Regina (Legal Professional Privilege): FD 23 Jul 1993

The court’s duty to a child’s welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children’s Act matter had a positive duty to disclose material documents, including experts’ reports and even where otherwise protected by privilege. If not the court’s assessment of the risks facing a child may be distorted.

Judges:

Thorpe J

Citations:

Ind Summary 16-Aug-1993, Times 18-Aug-1993

Statutes:

Children Act 1989

Children, Family, Legal Professions

Updated: 08 April 2022; Ref: scu.80368

Valcheva v Babanarakis: ECJ 12 Apr 2018

Concept of ‘Rights of Access’ – Applicability To Grandparents – Opinion – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Scope — Concept of ‘rights of access’ – Applicability to grandparents)

Citations:

C-335/17, [2018] EUECJ C-335/17 – O, ECLI:EU:C:2018:242, [2018] EUECJ C-335/17

Links:

Bailii, Bailii

Jurisdiction:

European

Children, Family

Updated: 07 April 2022; Ref: scu.608653

Re W: CA 27 Mar 2018

The parent against whom an application had been made for the return of children said to have been abducted to a foreign jurisdiction said that she anticipated being refused a visa to be allowed to enter the USA to return them under a humanitarian parole visa. If the father left the USA to collect them, it was unlikely that he would be allowed to return.

Judges:

Moylan, Peter Jackson LJJ

Citations:

[2018] EWCA Civ 664, [2018] WLR(D) 192

Links:

Bailii, WLRD

Statutes:

Hague Child Abduction Convention

Jurisdiction:

England and Wales

Children, International

Updated: 07 April 2022; Ref: scu.608367

In re B (Children): CA 27 Mar 2018

Appeal from an order dismissing an application by a mother seeking a summary return of three children to Spain under the Hague Convention on the Civil Aspects of International Child Abduction 1980.

Citations:

[2018] EWCA Civ 614

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 07 April 2022; Ref: scu.608339