Cases Archive

10th Jul 2020

Z (A Child) (DOLS: Lack of Secure Placement) [2020] EWHC 1827 (Fam)

The High Court considered the Local Authority’s application for an order authorising the deprivation of a young person’s liberty, noting the lack of appropriate secure placements at a time of social emergency during the Covid-19 Pandemic. Chris acted for the father, who – together with the mother – sought to discharge the ICO and have the young person returned to the parents’ care. Judd J, noting the parents’ anguish, nevertheless concluded that the young person’s safety required that they be made subject to a DOL order

19th Nov 2019 | Bailii

2nd Apr 2020 | Bailii

N (A Local Authority) v RK & Others [2020] EWFC 25

In a ‘remote’ final hearing of care proceedings, Mostyn J approved the Local Authority’s care plan for the child, EK, to be made subject to Care and Placement Orders. David Sharp represented the child, through his Children’s Guardian. For Eleanor Clotworthy‘s article on the procedural issues raised by conducting the hearing remotely by Skype for Business, published online by “It’s a Lawyer’s Life”, please click here

This was the first full tirla of care proceedings by Skype.

30th Jan 2020

A & Others (Fact Finding) [2020] EWFC 108

Chris Stevenson, leading Madeleine Whelan, represented the father in this re-hearing of a Fact-Finding Hearing before Theis J following a successful appeal in B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575. The Court found the intervenor had infected the subject children with Neisseria gonorrhoea, and there was no failure to protect on the part of the parents

23rd Jan 2020 | Bailii

Hertfordshire County Council v AK and another [2020] EWHC 139 (Fam)

Deprivation of liberty orders should only be made if a child’s current circumstances justify the making of one. They should not be made on a contingent or anticipatory basis for such unspecified time when a child’s circumstances deteriorate.

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.

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.