Cases Archive

Care proceedings – Institution of proceedings following allegations of sexual abuse by father – Father charged with sexual offences – Father applying for adjournment of care proceedings until after criminal trial – Magistrates refusing father’s application – Whether magistrates were wrong to refuse to adjourn the care proceedings pending the outcome of the criminal trial.

Adoption – Adoption by parent and step-parent – Application by natural mother and stepfather to adopt two children by her previous marriage – Third child not included in application but residing with applicants – Social worker and guardian ad litem opposing application on grounds that adoption order might be divisive to the three children and concerned over stepfather’s alleged drink problem and his refusal to discuss matter – Judge refusing to grant application – Whether his decision ‘plainly wrong’ in all the circumstances

Wardship – Duty of court to protect wards – Public interest – Police seeking access to medical records, video recordings and local authority case records with regard to children allegedly subjected to sexual abuse – Whether leave of court required for disclosure of material for criminal investigations – Different categories of material – Criteria for grant of leave

Child in care – Local authority terminating parental access – Complaint by parent for access to the juvenile court – Subsequent application by local authority to the county court to free for adoption – Imminent hearing for directions at county court – Application by local authority to adjourn juvenile court proceedings – Justices agreeing to adjourn juvenile court proceedings pending outcome of application before county court – Appeal by parent against decision to adjourn – Whether decision to adjourn justified.

Care proceedings – Child born with drug dependency due to mother’s drug abuse – Child taken from mother at birth – Juvenile court finding that child’s health being impaired or proper development being prevented – Whether mother’s conduct before birth relevant – Whether justices entitled to make care order – Children and Young Persons Act 1969, s. 1(2) (a)

Care proceedings – Application in respect of child born suffering from drug abuse symptoms caused by mother’s abuse of drugs during pregnancy – Whether relevant to consider events during pregnancy – Whether wardship proceedings appropriate

Wardship – Ward committed to care of local authority – Proposal to place ward in secure accommodation – Whether local authority should obtain leave of High Court before applying to juvenile court.

Wardship – Child committed to care of local authority – Court directing that child be placed in secure accommodation – Statutory requirements that authority of juvenile court required – Power of High Court to direct that its conclusions be made available to juvenile court – Power of juvenile court to have regard to those conclusions