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
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

CARE PROCEEDINGS: Re P-S [2013] EWCA Civ 223

Sep 29, 2018, 21:02 PM
Slug : care-proceedings-re-p-s-2013-ewca-civ-223
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 26, 2013, 02:45 AM
Article ID : 101939

(Court of Appeal, Elias, Pitchford LJJ, Sir Alan Ward, 21 March 2013)

In care proceedings the 15-year-old boy, who had been joined as a party, sought permission to give evidence in person as he did not feel the strength of his feelings were being understood. The application was dismissed in the county court and care orders were made in respect of the boy and his younger half-sibling. The boy appealed.

The children had been removed into care due to concerns of neglect after the mother planned to leave the children while they were at school without making any provision for their care. While in foster care the boy absconded and had unofficial contact with his mother but had now settled well into a different foster home. However, he remained adamant in his wish to return home.

The judge had taken account of relevant matters and disregarded irrelevant matters in arriving at a conclusion that was plainly and obviously correct. She had explained the procedure to the boy, did not need to see him again or hear him give evidence. The harm to him far exceeded the benefit to the judge. That part of the appeal had to be dismissed.

The judge had also been absolutely right in making the care order. The bleak fact was that this was a feckless mother who put her own needs before those of the children. Having found the threshold crossed, the judge was left with no alternative but to grant the care order. The appeal would be dismissed.

 

 

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