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
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
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...
View all articles
Authors

The forbidden territories

Sep 29, 2018, 22:11 PM
Family Law, oublic law children cases, court, local authority, decision-making, judicial review
Andrew Bainham's article in the September issue of Family Law ([2018] Fam Law 1150) explores the tension between the powers of the court and the statutory duties of the local authority in public law children cases. Just as the court must not enter the forbidden territory of the local authority, so the local authority must not trespass on the forbidden territory of the court. Hence there are two forbidden territories and the search is for where the border truly lies.
Slug : the-forbidden-territories
Meta Title : The forbidden territories
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 28, 2018, 06:31 AM
Article ID : 117357

Andrew Bainham's article in the September issue of Family Law ([2018] Fam Law 1150) explores the tension between the powers of the court and the statutory duties of the local authority in public law children cases. Just as the court must not enter the forbidden territory of the local authority, so the local authority must not trespass on the forbidden territory of the court. Hence there are two forbidden territories and the search is for where the border truly lies.

The author begins by looking at two Court of Appeal authorities, Re W (Care Proceedings: Functions of Court and Local Authority) [2013] EWCA Civ 1227, [2014] 2 FLR 431 and Re T (A Child) (Placement Order) [2018] EWCA Civ 650, [2018] FLR (forthcoming). These decisions establish that a local authority’s decision-making might be susceptible to judicial review where it fails to give effect to a court’s welfare decision. He argues that this falls short of providing any over-arching theory or guidance on the legitimate extent of the court’s scrutiny of and directions regarding care plans.

The key to a clearer understanding of the court’s role derives from the ‘permanence provisions’ in the Children Act 1989 as amended in 2014. The author is critical of the failure by local authorities to give speedy effect to courts’ decisions which are at odds with their own care planning. Transcripts of the courts’ welfare decisions should be more speedily and readily available to children’s services. The practice of ‘inviting’ local authorities to amend or replace care plans (as opposed to directing them to do so) is questionable. Judgments should be expeditiously followed without prevarication or unnecessary bureaucracy.


The full version of this article appears in the September 2018 issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.
Categories :
  • Articles
Tags :
chess-pieces
Product Bucket :
Related Articles
Load more comments
Comment by from