Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

CARE PROCEEDINGS: Re W [2011] EWCA Civ 661

Sep 29, 2018, 17:45 PM
Slug : 2011EWCA661
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 21, 2011, 10:18 AM
Article ID : 95337

(Court of Appeal; Carnwath, Lloyd and Wilson LJJ; 31 March 2011)

The mother came to this pregnant having been tortured and raped in Uganda. She was granted indefinite leave to remain in UK. When the child was born the mother's mental health problems put the child at risk (threats of infanticide and actual self-harm). The child was fostered and the mother was on good terms with foster parents. The mother became pregnant again and the relationship with the father broke down but remained on good terms.

On the facts the judge had been justified in refusing the mother's application for an assessment under s 38(6) Children Act despite the support of the guardian and doctor. The assessment was premature pending a psychiatric report. However the judge should have adjourned rather than dismissed the application to ensure continued public funding. Obiter consideration of the relevance of the cost of the assessment.

 

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