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
The suspension, during lockdown, of prison visits for children: was it lawful?
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...
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...
View all articles
Authors

FAMILY PROCEEDINGS/LOCAL AUTHORITY: K v A Local Authority [2008] EWCA Civ 103

Sep 29, 2018, 17:08 PM
Slug : k-v-a-local-authority-2008-ewca-civ-103
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 29, 2008, 04:22 AM
Article ID : 86983

(Court of Appeal; Dyson, Smith and Wilson LJJ; 21 February 2008)

When, in family proceedings, a court had made a direction under Children Act 1989, s 37, that a local authority should investigate the circumstances of a person claiming to be a child and when, in response to the direction, the local authority informed the court of their conclusion, following investigation, that the person was not a child, the court was entitled to direct that a fact-finding hearing should take place in order to determine the issue as to whether or not the person was a child. The local authority was entitled to submit to the court that there was no power to make a direction under s 37 because there was no 'child' or because there were no family proceedings, or because no question arose with respect to the child's welfare, but s 37 did not confer on a local authority the right to determine whether any of the three threshold requirements for the exercise of a judicial power under s 37 were satisfied. When making a direction under s 37 the court had to be satisfied that the proceedings were not a contrivance to secure the facility to challenge a local authority's assessment of a person's age in a judicial enquiry de novo, which would run counter to the statutory scheme for the discharge of local authority functions.

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