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
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
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
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
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
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
This article highlights the problems that can arise when appropriate Cafcass safeguarding checks have not been carried out and the court decides, acting upon erroneous advice from a very senior court legal adviser, to make an order for interim contact of its motion. The mother, who was initially legally aided but later became a DPA … Continue reading
This case concerns a successful appeal by prospective adopters against a decision to refuse an adoption order and grant an SGO to paternal grandparents and is of interest as the appeal raised the following issues: The approach to be taken in determining a child’s long-term welfare once the child has become settled in a prospective … Continue reading
1: The Ethos behind the Scheme: (a better way to treat parents in care proceedings and encourage a better outcome.) (Memories of Concurrency but with some major, very important differences?) Originally set up by DJ Nicolas Creighton at Inner London FPC in 2008 with funding from the Dept. for Children, Schools and Families, the Ministry … Continue reading