PLACEMENT ORDER APPLICATION “GOOD PRACTICE” REMINDER FOR LOCAL AUTHORITY TO FILE THE PERMANENCE REPORT AND AGENCY DECISION MAKERS RECORD OF DECISION

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

Case Study N (Children: Interim Order/Stay [2020] EWCA Civ 1070

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

Interim Separation During Proceedings

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

CARE PROCEEDINGS AND THE NEED FOR THE COURT TO DETERMINE THRESHOLD WHEN MAKING A SPECIAL GUARDIANSHIP ORDER

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

A Reminder of the Need to Robustly Stand Up to Judical Pressure and the Important Distinction Between Sections 31 & 38 of the Children Act 1989

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

Re W (A Child)[2016] EWCA Civ 793

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