Case Summaries

Application by sister and carer of a vulnerable adult E seeking appointment as deputies for E’s personal welfare, appointment of a third party as deputy for E’s property and affairs and for E’s sister to be appointed as E’s litigation friend. Application refused.

Application by the Press Association for permission to publish the name of a Local Authority which had been subject to a number of findings in a case involving E, an adult with a severe learning difficulty. Permission granted subject to ongoing restrictions prohibiting identifying E.

At a directions appointment, a stage of ‘the utmost importance’, the Court of Protection has to identify the issue to be determined, decide upon the evidence required to resolve the issue and examine the evidence in light of the COPR 2007, the overriding objective and the duty under ECHR Article 6 to legislate for a fair hearing.

High Court has jurisdiction by virtue of its inherent jurisdiction and under s.222 Local Government Act 1972 to protect vulnerable adults not suffering from mental health disorder or lack of capacity.

Application by the mother of a young child (2 years 4 months) seeking permission to appeal a County Court order dismissing her application for leave to oppose the adoption of that child. Permission to appeal granted and the adoption proceedings stayed.

Court of Appeal allowed the appeal against dismissal of indirect contact application (supported by favourable CAFCASS report), principally because the judge had attached insufficient weight to the children’s rights to a wider family life

This case clarifies a point under the Revised Private Law Programme arising in proceedings under the Children Act 1989 in respect of CAFCASS and the Disclosure Protocol between them and ACPO under the PLP.

Judicial review proceedings of Child Support Agency’s decision that sums paid by the claimant by way of school fees should not be offset against his child support liability. Judicial review successful and CSA ordered to make fresh decision without delay.

Court of Appeal refused Father’s appeal against an order granting the Mother leave to remove their 5 year old son permanently to Australia.

Appeal in child maintenance case. Court of Appeal held that the Circuit Judge hearing an application for a declaration under s.55A Family Law Act 1986. had no jurisdiction to stay enforcement action by CMEC.

Appeal before the Supreme Court concerning the question of whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973; and also whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man) [2008] UKPC 64. Held (Lady Hale dissenting) that the Court of Appeal was correct to conclude that there were no factors which rendered it unfair to hold the husband to the agreement.

Appeal by an eighteen year old asylum seeker against an order that the local authority was under no duty to accommodate him pursuant to s.23C(4)(c) of the Children Act 1989, as amended. Appeal allowed.

Judicial review claim against local authority regarding its alleged failure to assess the needs of a child leaving care. Held the Local Authority’s plans did not set out the Claimant’s likely needs in sufficient detail nor did they explain how, and by whom those needs would be met.

Court of Protection: An application determining whether a party has the necessary mental capacity to decide if an action in the Chancery Division of the High Court should be continued. Court held the party did not have the necessary mental capacity.

Proceedings concerning the nature of a forced marriage protection order and the use of special advocates in proceedings under the Forced Marriage (Civil Protection) Act 2007

Application by the BBC seeking an order setting aside the prohibition on identifying the local authority concerned in these proceedings and thereby permitting the BBC to name that local authority as the local authority concerned. Application granted.