Cases Archive

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

Secure accommodation – Children charged with criminal offences – Bail refused – Children remanded to local authority accommodation – Local authority seeking secure accommodation order – Whether criteria for making secure accommodation order where child remanded to local authority accommodation satisfied – Whether secure accommodation order should be made in principle where bail refused

Care – Local authority applying for care orders for three children based on allegations of sexual abuse of older sister by mother’s cohabitee – Judge finding allegations not established – Whether judge should proceed to consider future risk to children when primary allegation not proved – Children Act 1989, s 31

Care – Contact dispute – Care order made – Issue of contact between child and parents adjourned to a further hearing – Whether open to court to adjourn contact for review by court after care order made.