Cases Archive

Local Authority – Voluntary arrangements – Parental responsibility – Child accommodated under voluntary arrangement – Local Authority seeking to move her to foster family against parents’ wishes – No power to do so

Appropriateness of the court making a Guardianship order in respect of 16 year old girl with Learning Difficulties- whether criteria fulfilled- on appeal CA held that wardship was appropriate.

Abduction – Non-Convention country – Welfare of child – Muslim law – Mother not entitled to care for children because of remarriage – Whether application of Muslim law compatible with welfare of children.

The House of Lords considered the appropriateness or not of a freeing order being in place where there were no prospects of adoption- leaving the child in limbo- and decided that it was not appropriate in those cases to have a freeing order. Care order substituted.

Care – Care proceedings – Application by mother to discharge care orders in respect of her two children – Interlocutory application by mother for father to cease to be a party to proceedings – Father having no parental responsibility – Father in prison serving a minimum sentence of 18 years for the murder of his stepdaughter – Father a party to proceedings pursuant to Family Proceedings Rules 1991, r 4.7 – Whether court having jurisdiction to discharge him as a party against his wishes – Whether court having discretion to discharge him – Circumstances in which discretion should be exercised

Property – Tenancy – Secure tenancy – Secure tenant in council accommodation leaving property and assigning tenancy to grandson – Whether grandson having resided with tenant for 12 months prior to tenant’s departure – Whether secure tenancy validly assigned – Housing Act 1985, s 87.

Parental responsibility — Father not paying child maintenance — Father’s application for parental responsibility — Whether application to be adjourned for father to demonstrate financial commitment to children

Care – Care proceedings – Child’s putative father brother-in-law of child’s mother – Care proceedings instituted by local authority – Child’s putative father not being served with notice of proceedings and unaware that he was child’s father – Effect of serving putative father of child potentially catastrophic – Whether court had discretion to direct that putative father without parental responsibility should not be served with proceedings – Circumstances in which discretion should be exercised