Case Summaries

 Appeal as to conduct of Fact-Find involving 33 week pregnant Mother who had benefit of Special Measures, and with dispute as to whether all allegations should have been permitted to proceed

The court of appeal dismissed an application by a mother for permission to appeal against decisions that (1) threshold criteria for making public law orders under section 31 of the Children Act 1989 were made out and (2) a special guardianship order made in respect of her son, in favour of child’s maternal uncle, the mother’s brother and his partner.

The principles to be applied when sentencing a contemnor who is already in custody following a previous breach and continues to refuse to comply with the orders of the court.

This was a decision of Arbuthnot J in respect of a dispute between the fifth and second wives of Mr Uchechukwu-Onwubiko (the deceased) in respect of his body and estate (which consisted mainly of a flat).

Application by the local authority to change a child in care’s forename on the basis of it gender connotations

In this judgment of 8 November 2023, Peel J made a final best interests decision about where 8-month-old Indi Gregory should be extubated in line with her care plan.

A successful appeal against a judge’s finding that the threshold criteria for public law orders were not met in respect of E, a young person of 14 who identifies as non-binary.

The court considered an appeal by the appellant father (“P”) against an order made by HHJ Tolson KC (“the Judge”) dated 21 March 2023 whereby the Judge made a child arrangements order (“CAO”) at a dispute resolution appointment (“DRA”) providing for indirect contact only between the father and the children.

The Court of Appeal overturns a decision to authorise interim removal and reiterates the requirement to grant short stays to allow such orders to be appealed unless a child’s safety requires their immediate removal

The appeal concerned a decision to permit a one year old child, G, to remain in the care of her mother, and to revoke placement orders made in respect of her two older brothers with the court indicating that there should be a plan for a return home over approximately 6 months.

Consideration of the basis for the Family Court exercising jurisdiction in care proceedings where the child has recently arrived in England and Wales from a state which is not a contracting party to the 1996 Hague Child Protection Convention.

Refusal of a mother’s application for an injunction to restrain the local authority from arranging for a child to receive routine vaccinations.

This was an application heard by HHJ Evans-Gordon over two days who handed down judgment on 6 October 2023. The substance of the quasi-appeal being an application made by the father of two children 7y and 4y of age to challenge an arbitral award made by a jointly appointed arbitrator on 12 August 2022.

The court was concerned (indirectly) with 4 children, all born in the UK.  Their parents are Somalian, although their mother is understood to be a dual Somali/Dutch national.

The local authority made an application for a Deprivation of Liberty Order (“DOLO”) permitting the local authority under the High Court’s inherent jurisdiction to deprive a 17-year-old child (“EBY”) of her liberty in accommodation provided by the local authority under section 20(3) Children Act 1989 (“CA 1989”).

Heard by Mr Justice Peel, this was H’s application for a Legal Services Payment Order to enable him to conduct proceedings in the Court of Appeal. The application was successful, with a LSPO being made in H’s favour for £175,000, that sum being a 25% reduction from the figure originally sought by H.