Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
CARE PROCEEDINGS: R v Cafcass  EWHC 1774 (Admin)
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Aug 4, 2011, 11:55 AM
Article ID :95389
(Court of Appeal; Munby LJ and Thirlwall J; 12 July 2011)
Four children were the subject of separate care proceedings. There was a very long delay before the allocation of a guardian. The Official Solicitor sought a declaration that Cafcass acted unlawfully and in breach of its statutory duty by failing to appoint a guardian earlier. Defended on the basis that Cafcass owed no public law duty to any child to allocate guardian.
Held that Cafcass has a duty to appoint a guardian as soon as reasonably practicable taking into account its general functions, duties and resources. Cafcass does not owe a specific duty to an individual child. A mere delay in allocation and appointment of guardian did not of itself give rise to any actionable breach of either Art 6 or Art 8.