Case Summaries

In the first case to come before the Court of Appeal on the issue of remote hearings in relation to the welfare of children, the Court, consisting of The President of the Family Division, P. Jackson LJ and Davies LJ, sets out the factors to be borne in mind when determining whether a remote hearing should be undertaken.

This is a judgment of Mostyn J following a contested hearing, conducted by Skype for Business, in care proceedings. Threshold was found to be crossed. The dispute centred on the welfare analysis and final care plan for EK, a baby born in 2019. Care and placement orders were made.

The first contested hearing undertaken by Skype in the COP and Family Courts as a result of the Covid-19 pandemic, concerning whether AF should continue to receive Clinically Assisted Nutrition and Hydration (CANH) through a Percutaneous Endoscopic Gastrostomy tube (PEG) inserted into his stomach.

After Mostyn J gave judgment on this matter in October 2019, it transpired that he had been misled and that the majority of the money which had been frozen in 2019 was not easily accessible. Mostyn J therefore made a further freezing order and made further costs orders in favour of the wife and the receiver, to cover the costs of their investigations and of the implementation of the costs orders.

Court of Appeal set aside findings of sexual abuse of a child by her father for reasons including that the failures to comply with ABE Guidance were too numerous to be overcome in the context of this case.

Clarification from the Court of Appeal in respect of the duty to consult under s 27 of the Children and Families Act 2014

Application by P’s daughter for declaration following care home moratorium on family visits in the light of COVID-19. Moratorium upheld despite human rights implications.

This is Mother’s appeal against the making of a Care Order and an order pursuant to s.91(14) of the Children Act 1989 in relation to a child. B. Mother sought for the proceedings to be remitted with the mother’s sister, Maternal Aunt, being given the opportunity to have legal advice and representation to enable her to have effective access to justice so that the option of B living with her pursuant to a SGO could be properly assessed.

The President of the Family Division considers the appropriateness of a remote hearing, in a proposed fully contested composite finding of fact hearing, concerning allegations of FII made by a Local Authority against a mother.

HHJ Hess (co-chair of the Pension Advisory Group) considers financial remedies proceedings arising out of a divorce, in the first substantial treatment of pensions post the PAG publication.

Maria Scotland, barrister, 5SAH and Rosalind Fitzgerald, associate solicitor, Bindmans consider the issues regarding selling properties and moving home in the current health crisis.