Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles

CARE PROCEEDINGS: Re D (A Child) [2010] EWCA Civ 1000

Sep 29, 2018, 17:31 PM
Slug : 2010EWCA1000
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 15, 2010, 02:59 AM
Article ID : 91381

(Court of Appeal; Mummery, Hughes and Stanley Burnton LJJ; 10 August 2010)

The mother had a learning disability. The children were removed from the parents care because of neglect and care orders were made. The children were eventually returned to the parents and the care orders were discharged on the basis of a report by the social worker that the parents had made real changes. There was a subsequent allegation by a third child that the father had kicked and punched him which led to the removal of all six children for a short period. All but the complainant later returned to the parents but then removed again because of an allegation by a fourth child. A psychological assessment of the parents concluded that the personality of parents, especially the mother, meant they could not parent one or more of the children. The issue for the Family Division judge was whether this evidence should prevail over empirical evidence, which was that the parents were coping sufficiently well. The judge suggested that the psychological evidence was infected with ideological zeal and lacking in objectivity.  The local authority appealed.

The judge must weigh all of the evidence taken together and had been entitled to prefer the empirical evidence that the parents were capable of caring for their children to that of the expert psychologist. The test under s 31(2) Children Act 1989 was an objective one. The use of intemperate language in highly charged care proceedings must be avoided.


Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from