Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
(Court of Appeal, Thorpe, Rimer, Baron LJJ, 22 November 2012)
The teenage child was in voluntary accommodation under s 20 of the Children Act 1989. When the case came for final determination the judge could either grant a full care order, a wardship order or make no order at all. The judge was of the opinion that wardship had more to offer the child but considered that by virtue of s 100(2)(b) he did not have jurisdiction to do so. The judge made a final care order but granted the parents permission to appeal.
The appeal would be allowed. There was nothing in s 100 of the Act to prevent the court from making an order in warship where a child was being voluntarily accommodated. The care order was set aside and replaced with a wardship order.