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...
Latest articles
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...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles

CARE PROCEEDINGS: Re R (Care: Rehabilitation in Context of Domestic Violence) [2006] EWCA Civ 1638

Sep 29, 2018, 17:32 PM
Slug : re-r-care-rehabilitation-in-context-of-domestic-violence-2006-ewca-civ-1638
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 21, 2006, 04:23 AM
Article ID : 88131

(Court of Appeal; Thorpe and Hooper LJJ; 15 November 2006)

The local authority had concerns about alcohol abuse and domestic violence within the family but did not intervene until the child was bruised by the father smacking her. When the mother responded to the intervention with hostility, the local authority removed the child, placing her with foster parents. A jointly instructed independent expert report recommended that the child be removed from the parents and adopted. The parents initially supported a placement with the paternal uncle and aunt, but the aunt and uncle withdrew from the proceedings after an adverse assessment report. The judge refused to make a care order and a placement order, although he did make an interim care order. The judge involved an independent social worker, and initiated rapidly increasing contact to the child in the parental home which amounted to partial rehabilitation, ultimately 2 days and 2 nights a week with the mother, the father having undertaken to absent himself from 6pm to 9am.

The judge, if in any doubt as to the local authority case, had an obligation to clarify what the case was and what the resulting nature of the judicial responsibility. The judge's failure to make proper findings of fact and to make a proper finding in relation to the threshold had been partially responsible for the conclusions ultimately reached. The judge had had insufficient regard to the boundary between judicial and local authority roles in care matters and had been insufficiently alive to the inhibitions upon him as a judge imposing on a local authority a future management which the authority felt, on strong evidence, unable to support. The judge had been wrong to reject the expert evidence on the grounds that: he had not heard of the relevant organisation; he had not seen the expert before; the report was overlong; and that the report contained technical expressions not comprehensible to the parents. It was difficult to understand why the judge had excluded a police report relating to the assault by the father. The judge's rehabilitative solution reflected the spirit of the Children Act 1989 but, in the context of these facts, had been both idealistic and unrealistic. The court made a care order, but considered itself unable to make a placement order.

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