Public Law Children

The Centre for Justice Innovation annual report for the Family Drug and Alcohol Courts (“FDAC”) has recently been published with a foreword from Sir Andrew McFarlane, President of the Family Division. In the foreword the President describes FDAC as “a problem-solving, court-driven, approach to care proceedings”.  Statistically, FDAC families have been shown to be much … Continue reading →

A court may only make either a care order or supervision order if the “threshold criteria” at s 31(2) Children Act 1989 are satisfied, namely:- (a)   that the child is suffering, or is likely to suffer, significant harm; and (b)   that the harm, or likelihood of harm, is attributable to- (i)  the care given to … Continue reading →

“Section 20 accommodation” is a term used in care proceedings which describes a voluntary arrangement between parents and a local authority, whereby the parents give consent for their child to be accommodated by the local authority. This is pursuant to Section 20(1) of the Children Act 1989, which expressly states that local authorities indeed have … Continue reading →

There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL. This uncertainty has been addressed in the recent case of Re J (Children: Reopening Findings of Fact) [2023] EWCA Civ … Continue reading →

The recent judgment in the case of Re S (a child) and Re W (a child) [2023] EWCA Civ 1 has changed the way that local authorities can use the provisions for voluntarily accommodating children under s.20 (Children Act 1989).  The judgment considers two appeals against the Orders of two local Judges, HHJ Coffey in … Continue reading →

How often do we really stop, and I mean really stop….. and look at things ‘through the eyes of a child’. We use all the cliche phrases over and over again, all coming from I suggest perhaps a paternalistic and protecting stance.  We all know that the welfare of the child is paramount. When completing … Continue reading →

Re S (Children: Party Status) [2022] EWCA Civ 1717 (per Peter Jackson, LJ) This appeal concerned whether the refusal of an application by the Appellant to become a party to care proceedings was wrong. The appeal was allowed. Relevant law on joining a party to care proceedings as set out by Jackson LJ: Family Proceedings … Continue reading →

S 31 (2) Children Act 1989 provides that a court may only make a care order or supervision order if it is satisfied:- that the child concerned is suffering, or is likely to suffer, significant harm; and that the harm, or likelihood of harm, is attributable to- the care given to the child, or likely … Continue reading →

This article considers whether there would be a benefit to findings of fact made in public law family proceedings being centrally recorded and accessible to safeguarding professionals. Where the facts of a case are in dispute in family proceedings, the court may hold a fact-finding hearing to determine the factual matrix.  The findings made usually … Continue reading →

Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there … Continue reading →

Family law pupils and baby juniors deal with all types of hearing, but perhaps the most formulaic is the fact-finding hearing. This is the family court concept of deciding whether or not a disputed allegation of fact happened on the balance of probabilities. This article sets out a basic guide to preparing for and executing … Continue reading →

I have been prompted to write this article following a recent problem I had trying to agree what I thought were necessary and reasonable recitals in a public law order following an interim hearing where the central issue was the mother’s contact. THE PRESIDENT’S GUIDANCE The following is a summary only of President’s Memorandum dated … Continue reading →

When it is decided that it is ‘necessary’ – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings. Psychologists are most likely to be the favoured expert because they have … Continue reading →

This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs. Background to this case This case involved care proceedings in respect of C, a young child aged 3, who had complex medical needs. C was the … Continue reading →

The importance of ensuring vulnerable litigants and witnesses are protected by special measures and participation directions when they give evidence in family proceedings The vital importance of this was highlighted in this case, reported in FLW (reproduced below), in which the High Court allowed an appeal against a fact-finding hearing, which ordinarily requires a very … Continue reading →

Appeals by mother (M) and appellant father (F2) from findings of fact. Appeals dismissed How should submissions be reflected in judgments? Jackson LJ confirmed the need for judges who have reached a particular conclusion following a lengthy fact finding hearing resulting in a lengthy judgment to identify the best points which have been made in … Continue reading →

This is always a difficult and somewhat thorny application to deal with. The key case with the guidelines to the right initial approach and starting position is: Court of Appeal case: C (A Child) (Interim Separation) [2019] EWCA Civ 1998 [2020] 1 FLR 853 (‘C (A child) 2019 summarises the current law: (1) An interim … Continue reading →

This is a very recent case in which this issue has been considered and which takes into account the current climate, and helpfully summarises the relevant law. In Lincolnshire County Council v CB & Ors [2021] EWHC 2813 (Fam) Mrs Justice Lieven DBE conducted an analysis of the factors that require consideration when making a … Continue reading →

Does it matter whether the returning country is a contracting State of The Hague Convention? The recent case of J v J (Return to Non Hague Convention Country) 2021 EWHC 2412 demonstrates quite dramatically that in cases where a child has been taken from a non Hague Convention country to the United Kingdom, summary return … Continue reading →

Background: The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care … Continue reading →

In the recently reported case of T & R (Children)(Refusal of Placement Order) [2021] EWCA Civ 71, the Court of Appeal had to determine an appeal made by a local authority and guardian against the refusal of the trial judge to make placement orders in respect of two young children. The case is of particular … Continue reading →

S-F (A Child) [2017] EWCA Civ 964 (Leading judgment given by Sir Ernest Ryder, Senior President) I was recently very helpfully reminded of this 2017 case which is perhaps not too well-known as it raises no new issues of law or principal and the issue on appeal was described as ‘clear and simple’— was the … Continue reading →

We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021 BRIEF SUMMARY OF IMPORTANT POINTS It is essential to seek a Ground Rules Hearing as early as possible in the proceedings. It is important to raise this … Continue reading →

This is an article on the above case which is significant for a number of reasons and should be considered when dealing with any application to oppose the making of an adoption order. This was an appeal made by a local authority against a decision in adoption proceedings concerning a child then aged 2 years … Continue reading →

Case Study N (Children: Interim Order/Stay [2020] EWCA Civ 1070 Decision of Lord Justice Peter Jackson. A helpful reminder of some basic principles _______________________________________________________________________________________ This successful appeal by the mother was dealt with on 29 July 2020 during the current COVID 19 restrictions. The facts are not as important as the principles which were dealt … Continue reading →

In June 2020 the Family Justice Council (“FJC”) published its report on how to achieve best practice with respect to special guardianship orders. The report arrives in a climate where in recent years, family courts have made more special guardianship orders than placement orders and the proportion of special guardianship order has risen whilst the … Continue reading →

In these times of social distancing & restrictions on movement, when jury trials have come to a halt, and court hearings of all kinds are being adjourned due to the need to maintain social distance. Almost everyone is waiting to see what will happen when the lockdown ends. A backlog of cases is building up, … Continue reading →

C (A Child) (Interim Separation) [2019] EWCA Civ 1998 (Judgement of Lord Justice, Peter Jackson) _______________________________________________________________________________________ We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for … Continue reading →

The impetus for this article arises from care proceedings in which I was recently involved resulting in an unopposed SGO being made to the foster carers. I was instructed on behalf of the child who was aged 4 at the time of the final hearing. The background is not important but the threshold issues included … Continue reading →

Re G (Children: Fair Hearing). [2019] EWCA Civ 126 On the first of these two issues this was a procedural appeal against interim care orders by a mother who stated that she was subjected to improper judicial pressure that led to orders being granted without opposition by her. The appeal was heard by Lord Justice … Continue reading →

Here are a couple of interesting recent examples of successful Human Rights Act claims against Local Authorities in respect of care cases: BT & GT (Children: twins – adoption) [2018] EWFC 76 This is a High Court case in which Keehan J granted two applications for adoption in respect of twins who had been placed … Continue reading →

CHILDREN & SOCIAL WORK ACT 2017 This Act received Royal Assent on 27.04.17 and, although most of it is not yet in force (except section 10 and Schedule 1, which deals with placement in secure accommodation outside England and Wales) Chapter 1, section 1 of the Act is a helpful reminder of the following “corporate … Continue reading →

An interesting case has arisen where ‘misuse and abuse’ of the use of a s. 20 agreement has occurred. Let’s first remind ourselves of the main case on this subject with which we are now familiar, Re N (Adoption:Jurisdiction) [2015] EWCA Civ 1112, [2016] 1 FLR 621, in which the President described the delay in … Continue reading →

The President has issued further guidance on cases involving parents with learning difficulties: President’s Guidance Family Proceedings: Parents with a Learning Disability, 10th April 2018: He refers to the leading cases: Re D (A Child) (No 3) (2016) EWFC 1: http://www.familylawweek.co.uk/site.aspx?i=ed158421 and Re Guardian and A (Care Order: Freeing Order: Parents with a Learning Disability) … Continue reading →

In this article I will attempt to summarise what I understand to be the position on the thorny question of when and if the Children’s Guardian should attend and what role the Guardian would play in a Fact Finding Hearing in care proceedings. We have all experienced cases where the judge has expressed a clear … Continue reading →

Identifying the problems One social worker who took part in a recent study of Child Protection Practice with Romani and Traveller children declared that ..”it is virtually impossible to get a foster carer or adoptive parent who can meet the child’s cultural needs. The opportunity to get a perfect match is impossible. I know of … Continue reading →

On the 27th November 2017 a new Part 3A of the Family Procedure Rules 2010 comes into force supplemented by a new Practice Direction 3AA. The purpose of the new Part 3A is twofold: to set out the court’s duties and powers in relation to assisting parties whose ability to participate in family proceedings may … Continue reading →

More and more we are getting clients who have started to record telephone calls, interviews, handovers, or ask us if they should do it…or not do it Covert recording in the world generally is on the up and up.   Technology these days is becoming smarter and so are the people who seek to use it.   … Continue reading →

The recent case of London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26, is a helpful reminder that, although it is assumed that parental consent is needed before a child can be accommodated under S20, this is not always the case. Although the case concerned an appeal in relation to claims made … Continue reading →

Initiated by the President (Munby, not Trump!), the Sussex Settlement Conferences pilot begins in January 2017, beginning in Brighton but with the aim of extending across Sussex. This new process can be applied to any Family Law case – public or private – to aid resolution. It seems that the potential for the process to … Continue reading →

This case has afforded an important decision as well as being an excellent opportunity to review and consider the principles to be applied in cases of relocation and the different approaches to internal relocation and international relocation cases. This was carried out by Lady Justice Black in her judgment which carefully reviews all the authorities … Continue reading →

In Re D (A Child) (No 3) [2016] EWFC 1  Munby P has set out the key principles that are to be considered when dealing with cases involving parents with learning difficulties. The capacity of both parents to care for their child D was affected by their respective learning difficulties.  D’s needs were also assessed … Continue reading →

Part 25 Applications – A Practical Guide It could be said that this subject is not the most newsworthy area of family law at the moment, or the most attention-grabbing in terms of case law. Although having said that, there has been a recent Court of Appeal case on this very subject, which is factually … Continue reading →

Nottingham City Council v. LW and others [2016] EWHC 11 (Fam) Mr Justice Keehan has given clear guidance on the procedure for seeking removal of a new-born baby.  It particularly applies to cases where the Local Authority has been involved pre-birth. The key criticism from the judge was that care proceedings were issued 12 days … Continue reading →

ESSENTIAL INFORMATION ON HOW THE PILOT SCHEME WILL OPERATE IN KENT The FDAC pilot scheme in Kent commenced on 7th February. It is due to run until March 2017 (the London pilot began in 2008 and is still going, so it is likely that the Kent scheme will continue after this date, particularly as Kent … Continue reading →

An Important Matter arising from last week’s Kent Family Justice Board Seminar:   The Kent and Medway Family Drug & Alcohol Court Having attended the Family Justice Board Seminar last week and with the permission of District Judge Batey, it seemed to me that it might be helpful to highlight for all what appear to be … Continue reading →

This issue recently gave rise to a novel point of law, which was considered by the Designated Judge at Canterbury, sitting as a Deputy High Court Judge. Quick Summary In most cases, if parents refuse to consent to an adoption medical there will be an interim public law order in place and the court will … Continue reading →