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Court of Appeal allow appeal against findings of fact made in care proceedings and provide important guidance on: (i) children giving evidence; (ii) the weight to be given to defective ABE interviews; (iii) the approach to representing a child accused of perpetrating abuse; and (iv) the Article 6 rights of a child who might properly be regarded as either a perpetrator or a victim or both.
The appellant parents sought to appeal the decision at first instance as to the quantum of equitable relief that should be granted to their daughter following her successful proprietary estoppel claim against them.
Judgment of Charles J considering whether the state had responsibility for a deprivation of liberty and as such whether a welfare order of the Court of Protection was required.
Reporting restriction order upheld and extended in relation to a child arrested in connection with terrorist offences.
Judgment of Peter Jackson J addressing a parent’s use of a child to covertly record evidence.
Application by NHS Foundation Trust in relation to a 36 year old woman with a diagnosis of paranoid schizophrenia. The Trust sought declarations under the Mental Capacity Act 2005 that the patient lacked mental capacity to consent to or refuse medical treatment and that it was lawful, being in her best interests, that she undergo a total abdominal hysterectomy.
Application by a father (“single person”), (following an unsuccessful application for a parental order) for a declaration that sections 54(1) and 54(2) of the Human Fertilisation and Embryology Act 2008 are incompatible with his and his son’s rights under Article 8 alone or Article 14 taken in conjunction with Article 8.
Theis J addresses two issues in relation to a 14-year-old child: (1) the making of a care order with a plan for long-term foster care; and (2) a claim on K’s behalf under HRA 1998 for declarations and damages following prolonged accommodation under section 20, Children Act 1989.
Application by a same-sex couple for a parental order in respect of an international surrogacy arrangement (Nepal), and consideration of whether an additional order was needed to change a surrogate child’s birth name.
Declaratory relief granted to a Trust to withdraw artificial ventilation from a woman who had suffered severe brain damage.
Application by a Guardian for an order restraining a local authority from disclosing to the parents of a child in care a specific piece of information which that child had shared with professionals.
A short judgment of Peter Jackson J refusing to re-open care proceedings on the basis of new evidence which had not been disclosed to the family court by the police at the time of the original fact-finding hearing, reported as Cumbria County Council v M, F & A [2014] EWFC 18.
Judgment of Peter Jackson J widely reported in the media, handed down in July 2014, but not published until May 2016. Care proceedings in which a finding is made that the father murdered the subject child’s infant sibling, more than 2 years after the event took place and after several (now well-publicised) agency failings in investigating the death.
Successful appeal to Upper Tribunal in CMEC case where the court found that the First-Tier Tribunal had failed in its duty to enquire into the Mother’s allegations.
Judgment in long-running care proceedings where a final order was made at the pre-trial review.
Judgment concerning a Latvian child, relinquished by his parents at birth, who was the subject of an uncontested adoption application where the maternal grandmother, living in Latvia, had expressed interest in caring for the child.
