Case Summaries

Application for reporting restrictions preventing the press from publishing details of a family involved in care proceedings in respect of a child, whose mother had been arrested on suspicion of the murder of her two other children.

Appeal concerning SH, a child born in Afghanistan to an Afghan mother and a British father of Afghan origin. The father contended that the English courts did not have jurisdiction and that the hearing had been procedurally flawed.

Appeal against a paragraph recorded in the preamble to an order made within care proceedings to the effect that based upon certain established facts a finding of fact hearing was not necessary.

Judicial review proceedings in which the Official Solicitor, acting on behalf of four children as their Litigation Friend, sought a declaration that CAFCASS acted unlawfully and in breach of statutory duty by failing to allocate a children’s guardian "earlier than the respective date on which CAFCASS did so allocate a named guardian." Claim dismissed.

Appeals against two earlier decisions – one a judge’s decision not to adjourn and the second a sum awarded to the wife.

Application made pursuant to section 54 of the Human Fertilisation and Embryology Act 2008. Consideration of whether the court could make a parental order in favour of a deceased parent. Order granted.

Application by father for permission to appeal against order granting mother leave to remove children to Canada in circumstances where the parents shared the care of the children. Permission to appeal granted and appeal allowed. The court confirmed that in the circumstances of the case the approach in Payne v Payne was not appropriate.

Judgment of the President of the Family Division supporting the independence of guardians appointed to act for children in family cases: in the event of disagreement with CAFCASS, the views of CAFCASS management would not prevail but rather the competing positions should be put before the court for its consideration.

Judgment in appeal determining (a) whether the County Court has power to injunct a local authority from removing a child from the care of foster parents who wish to adopt him, when the local authority has a placement order and wishes to place the child with prospective adopters; and (b)when a child becomes “placed” for adoption.

Applications by mother and one of her children for permission to appeal against interim care order on the grounds that it was effectively a final order. Held that the judge had mis-directed himself, the permission was granted and appeal allowed.

Child abduction from Poland to the UK; defence based on habitual residence in the UK and the father’s acquiescence. Hague Convention 1980 applied. Held that the child’s habitual residence was Poland and the father had not acquiesced.

Appeal against finding of fact in care proceedings. Appeal allowed and findings set aside.

Application under Brussels IIR concerning A, a seven year old boy, following proceedings in Germany under the Hague Convention. Residence order granted to the mother, supervised contact to the father.

Judgment in a Court of Appeal case concerning the nature of mirror orders, the jurisdiction of the High Court to make them and their consequential effect.

Court of Protection. Consideration of the detention of a patient. Held that the detentions were unlawful.

Judgment in a Court of Protection case concerning deprivation of liberty, and in which misconduct on behalf of the local authority led to the issues of costs and publication of the name of the local authority arose.