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Re K (A Child : Deceased) [2017] EWHC 1083 (Fam)

Sep 29, 2018, 19:54 PM
Jurisdiction – Public law children – Death of a child – Parents had failed to make funeral arrangements for 8 months
The judge held that permission should be granted to the local authority to arrange the funeral for the child.
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Date : May 22, 2017, 09:18 AM
Article ID : 114138

(Family Division, Hayden J, 24 March 2017)

Jurisdiction – Public law children – Death of a child – Parents had failed to make funeral arrangements for 8 months

The judge held that permission should be granted to the local authority to arrange the funeral for the child.

The young child died in July 2016. Due to the circumstances surrounding the child’s death, care proceedings were initiated in relation to a younger sibling. For reasons that remained unclear the parents had failed to arrange a funeral for the child.

The local authority now applied for permission to make arrangements for the disposal of the child’s body.

It was clear that proper respect and decency was not presently being shown to the child’s body and there had been wholly unacceptable delay. The judge was satisfied that pursuant to the inherent jurisdiction of the High Court, he could authorise the local authority to make arrangements for the disposal of the child’s body. Due to pressing practical considerations those arrangements needed to be made expeditiously.

Neutral Citation Number: [2017] EWHC 1083 (Fam)
Case No. BS16C01188
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION


Royal Courts of Justice
Date: Friday, 24th March 2017

Before:

MR. JUSTICE HAYDEN


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B E T W E E N :


GLOUCESTERSHIRE COUNTY COUNCIL

- and -

Re K


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Transcribed by Opus 2 International Ltd.
(Incorporating Beverley F. Nunnery & Co.)
Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737
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MR. C. SHARP QC (instructed by Legal Services) appeared on behalf of the Applicant.
MR. S. FULLER (instructed by Brand Mellon) appeared on behalf of the First Respondent.
MR. G. HALL (Solicitor) appeared on behalf of the Second Respondent.


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J U D G M E N T SITTING IN OPEN COURT (in respect of this single issue) 


(As approved by the Judge)


Re K (A Child Deceased) [2017] EWHC 1083 (Fam).rtf
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  • Judgments
  • Jurisdiction
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