Spotlight
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...
Spotlight
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
Authors

CARE PROCEEDINGS: Re K (Care Orders: Jurisdiction to Renew Interim Care Orders) [2012] EWCA Civ 1549

Sep 29, 2018, 18:34 PM
Slug : care-proceedings-re-k-care-orders-jurisdiction-to-renew-interim-care-orders-2012-ewca-civ-1549
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 5, 2012, 02:30 AM
Article ID : 101107

(Court of Appeal, Lord Dyson MR, Sullivan, McFarlane LJJ, 29 November 2012)

When the parents separated the children lived with their father. Following the father suffering a mental breakdown they moved to live with the mother and step-father. One of the children returned to live with the father until the local authority intervened and he moved to live with the maternal grandparents. Although the other child continued to live with the mother, the local authority was advised by the children's guardian to undertake a s 37 assessment of the placement due to concerns of emotional abuse. Despite the local authority concluding that the child could be returned to the mother's care the judge made a further direction under s 37 and ordered the child should not return. Both children were placed in the care of the maternal grandparents under a special guardianship order. The mother and step-father appealed.

The appeal was dismissed. The judge had a discretion to renew or order a further s 37 assessment where he felt the local authority had failed to conduct a thorough investigation and it was necessary in the circumstances. Although criticisms could be made of the judge's communication of clear terms of the s 37 assessment it could not be said that he had been plainly wrong.

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