Cases Archive

9th May 2019

A Local Authority v A Mother & Others [2019] EWCA Civ 799

Robin Powell, representing the Local Authority, successfully appealed against a finding made by the Judge at first instance that four rib fractures suffered by a baby were sustained accidentally by overlying while co-sleeping with her mother. The Court of Appeal allowed the appeal and remitted the case for rehearing. To read a full case summary, please click here
12th Apr 2019 | Bailii

A Local Authority v C [2019] EWHC 1782

Joan Connell represented the children through their Children’s Guardian in a case in which the children’s mother had been murdered by their father. The court had to determine which of two family members, one paternal and one maternal, should care for the children throughout their minority and also issues of contact with the father in prison. The court also considered the legal principles to be applied in circumstances where a person found guilty of an offence refuses to accept the outcome of the criminal trial.
29th Jan 2020 | Bailii

CQ, DQ & EQ [2018] EWHC 3979 (Fam)

Jay Banerji led by Sarah Morgan QC acted for the mother in this fact-finding involving allegations of forced marriage, FGM, and physical abuse. Wardship proceedings ran alongside the forced marriage application brought by the Chief Constable.
5th Apr 2019 | Bailii

A [2019] EWFC B18

The court approved the Children’s Guardian’s recommendation for the child to return to the care of the mother under the auspices of a Supervision Order.  The Judgment carefully considers the evaluation of risk in cases relating to past alcohol misuse and the duties of the Local Authority to identify and provide appropriate support.
4th Apr 2019

B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575

Successful appeal against findings of fact made by the court at first instance, where the trial judge was criticised for not applying the correct test for the identification of perpetrators of significant harm. The case raises an important principle about the proper approach to take when identifying perpetrators and the risk of effectively reversing the burden of proof
20th Apr 2017 | Bailii

London Borough of Merton v SB & Ors [2017] EWFC B81

Joan Connell represented the Local Authority in the case: London Borough of Merton v SB & Ors [2017] EWFC B81. Mark Twomey QC represented the Respondent Mother, who made a successful application for the transfer of care proceedings to Slovakia under the provisions of Article 15 of BIIR.
4th Jul 2018 | Bailii

P (A Child) [2018] EWCA Civ 1483

Joan Connell represented the respondent local authority in proceedings in which the Appellant Mother successfully appealed a refusal for an adjournment for six months at a final hearing. At the time of the final hearing L, was 7 months old. M was a recovering alcoholic who sought further time to demonstrate abstinence and insight into the concerns of the local authority regarding her honesty and ability to work with professionals in the event of a future relapse. The court at first instance refused the application for an adjournment and made care and placement orders. On appeal the final orders were set aside, the adjournment granted and the case set down for a further hearing. The President’s guidance in Re S Child [2014] EWHC was considered.
3rd Aug 2018 | Bailii

Hertfordshire CC v Ms T & Mr J [2018] EWHC 2796 (Fam)

Ranjit Singh appeared on behalf of the applicant Local Authority in this case before Keehan J, where a central issue was the sexualised behaviour of the subject children. Care Orders were made on the basis of the children remaining in long-term foster care