Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

CARE PROCEEDINGS: Re S and W (Care Proceedings) [2007] EWCA Civ 232

Sep 29, 2018, 17:28 PM
Slug : re-s-and-w-care-proceedings-2007-ewca-civ-232
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 20, 2007, 04:22 AM
Article ID : 86745

(Court of Appeal; Thorpe, Wall and Hooper LJJ; 15 March 2007)

In a case that demonstrated the difficulties that could arise in care proceedings when there was a late change of stance by the local authority, the Court re-stated the relationship between court and local authority in care proceedings. Not only did the court have a duty rigorously to scrutinise the care plan and to refuse to make a care order if it did not think the plan in the child's best interests, the court also had the right to invite the local authority to reconsider the care plan, if the court had come to the conclusion that the plan, or any change in the plan, involved a course of action contrary to the interests of the child and would be likely to lead the court to refuse to make a care order. The 'lesser of two evils' test, when choosing between making no order or approving the care plan, did not come into play until after the local authority had been given every opportunity to reconsider the plan, in the interests of the child. Although the judge had been entitled to act as he had, the local authority's subsequent unprincipled conduct had made a re-hearing inevitable; the authority should bear in mind that it was not entitled to implement whatever placements it thought appropriate pending the re-hearing. Any attempt to implement the changed care plans without the express approval of the court would not only be unprincipled in the context of the relationship between the court and the authorities, it would also be irrational and likely to be struck down by a court exercising the power of judicial review. The decision-making process of the local authority was strongly criticised; in particular the local authority should not have considered itself bound by the decision of the fostering panel.

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