Cases Archive

Care – Threshold criteria for making care order – Meaning of ‘is suffering’ significant harm – Relevant time – Meaning of ‘likely to suffer’ significant harm – Children Act 1989, s 31(2).

Adoption – Contact – Uncontested care order – Freeing for adoption application by local authority – Judge finding that adoption in child’s best interests – Judge dispensing with parent’s consent to adoption – Judge freeing child for adoption – Judge terminating contact with father but making monthly contact order to mother – Whether continuing contact conflicting with freeing order – Whether mother’s refusal to agree to adoption reasonable in the light of contact order – Whether issue of contact should be resolved before a freeing order application made – Whether parent could have continuing contact after adoption order made

Care – Care orders – Two eldest children placed with foster-parents prior to adoption – Mother giving birth to boy and being placed in residential home – Marked improvements made in her care – Mother allowed to return home with boy – Mother having frequent contact with girls – Local authority wishing to terminate contact between mother and girls before adoption – Mother wishing for care order to be discharged and for girls to live with her – No assessment made of mother’s ability – Whether local authority’s plans able to reconsidered by court despite principle in A v Liverpool City Council.

Care — Care proceedings — Children Act 1989 — Local authority applying for interim care orders for three children — Justices declining to make orders in respect of two children — Justices announcing decision without stating findings of fact or reasons — Whether decision vitiated — Whether matter should be remitted for rehearing — Family Proceedings Courts (Children Act 1989) rules 1991, r 21(5),(6)

Adoption – Adoption of foreign child – Applicants employing lawyer in El Salvador to arrange for adoption of baby – Child brought to England and applicant issuing adoption proceedings – Authorities in El Salvador and in England not informed of criminal proceedings pending against applicant – Whether adoption order in breach of Adoption Act 1976 – Whether adoption order in child’s interests – Whether considerations of child’s welfare outweighing implications of public policy

Care proceedings – Father of little boy convicted of indecent assault on girl within family unit – Local authority applying for care orders concerning the little boy and three other girls – Justices making care orders regarding the girls but dismissing application concerning the boy – Justices concluding that res judicata applied – Local authority appealing by way of case stated – Whether doctrine of res judicata applying to care proceedings brought under the Children and Young Persons Act 1969, s 1

Parental rights – Illegitimate children – Local authority receiving children into care and passing parental rights resolution – Local authority applying to free children for adoption – Father applying for parental rights order – Family Law Reform Act 1987, s. 4

Parental rights – Children whose parents were not married to each other at the time of the births of the children – Local authority intervention – Effect of an order under Family Law Reform Act 1987, s. 4.