Case Summaries

An appeal by a father against findings that he had sexually abused his daughter was dismissed as the judge at first instance was entitled to make the findings he did on his assessment of the evidence.

Successful appeal by a learning disabled mother against the refusal of her application for an intermediary assessment and the appointment of an intermediary to assist her at a hybrid hearing

In order to have capacity to decide to have sexual relations with another person one must understand that the other person must at all times be consenting to sexual relations.

Judgment in care proceedings rejecting an application by a father that the court should summarily dismiss disputed findings sought by a local authority because there was “no possible basis on which such findings could be made” having regard to that medical evidence.

Disclosure of material to the police. Court of Appeal confirms that Re EC remains good law. In respect of the Re EC factors, it is impossible to place the factors in any order of importance; it will vary from case to case.

This was an appeal against a decision of Williams J to continue a hybrid fact finding hearing in care proceedings when leading counsel for the mother could not be physically present with her client when she gave live evidence in court, because she was required to shield. Appeal refused. The Court of Appeal held that there was no breach of the mother’s article 6 rights and not only did the Judge reach a decision that was plainly open to him, he reached the correct decision.

Mr Justice Cobb conducted a remote re-hearing in contempt proceedings, held in ‘open court’, making a number of findings against the first respondent that he deliberately breached a freezing order.

Decision of Cobb J in an application by a local authority for declarations pursuant to the MCA 2005 concerning AW.

This is a Court of Appeal judgment concerning the lower court’s decision to dismiss care proceedings because the section 31 threshold had not been crossed and refusal to continue the interim care order pursuant to section 40, pending appeal. The Court of Appeal substituted its own threshold findings and restored the interim care order which revived the care proceedings. The matter was then remitted for a welfare hearing.

This is a decision in an application for a parental order concerning a young child, X, who was born to a domestic surrogacy arrangement entered into between the applicants, Mr and Mrs Y, and the respondents, Mr and Mrs Z, who fully supported the application. Mr Y died prior to X’s birth.

Mr Justice Hayden conducted a remote hearing in care proceedings, making a number of significant findings against a Local Authority, that should be in in the public domain.

Significant child protection failings identified by a local authority regarding a mother’s involvement with a Schedule 1 Child Sex offender.

Decision of Cobb J in an application by a local authority for declarations pursuant to the MCA 2005 concerning AW.

On appeal from the High Court of Justice Family Division, McCombe, King, and Peter Jackson LJJ consider the procedural route when the vaccination of a child in care is disputed