Family Legal Resources
Some of the primary legislation
Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2006 (original text only)
Children Act 2004
Sexual Offences Act 2003
Protection of Children Act 1999
Some of our recent notable cases
London Borough of Islington v Al Alas and Wray (2012)
Represented a father accused of causing the death of his baby son by shaking. Both parents were acquitted of any wrong doing. Found that the cause of the baby's death has actually been vitamin D deficiency, rickets, which led to infection, subdural haemorrhage (SDH), retinal haemorrhage and hypoxic ischaemic encephalopathy. The baby, suffering from undiagnosed congenital rickets, therefore was prone to fractures and infections.
[2012] EWHC 865 (Fam) 19/4/2012
Ian Peddie QC & Chris McWatters
A Local Authority v A & B & C & D (2011)
Care proceedings. Failure to follow guidance issued by the Royal College of Paediatrics and Child Health left serious evidential gaps in the courts' ability to assess the likelihood of sexual abuse in a pre-pubertal child. Need for the medical profession to follow the Guidance, in all but the most exceptional cases, re-stated.
[2011] EWHC 231 (Fam) 11/2/2011
Sorrel Dixon
Hertfordshire County Council v E and R (2010) (no link available)
Represented 20-year-old boy who allegedly sexually abused younger sister over a period of months when aged 12. He was joined as an Intervener in Care proceedings against Mother relating to younger siblings. As part of case we applied to re-open earlier hearing in which Mother's partner allegedly sexually abused him,. After 7 week hearing and detailed cross-examination of two child psychiatrists, teachers, social workers etc, the local authority withdrew the allegation of sexual abuse by him against sister.
HHJ Wright at Watford County Court (Sitting as a High Ct Judge)
Ian Peddie QC
Re W (Children) (2010)
Regarding the oral evidence of children and its place in care proceedings cases.
[2010] EWCA Civ 57 9/2/2010. Reported at [2010] 1 FCR 365.
Maggie Jones
A Local Authority v S (2009)
Case concerned expert evidence surrounding allegations of baby-shaking. Judgment found factual errors and predjudice in the evidence provided by experts.
[2009] EWHC 2115 (Fam) 8/5/2009. Reported at (2010) 1 FLR 1560
Sorrel Dixon
(1) Haringey LBC (2) Hackney LBC v Mrs S & Ors (2006) (no link)
Care arrangements for a child whose parent was suspected of assault and willful neglect in respect of ritual abuse
[2006] EWHC 2001 25/7/06. Reported at (2007) 1 FLR 387.
Jo Delahunty QC
K (Children) (2004)
Non-accidental injuries and identification of perpetrators. Appeal against orders freeing children for adoption until identification of perpetrators established.
[2004] EWCA Civ 1181 27/8/04. Reported at (2005) 1 FLR 285
Alison Grief
Useful links
Abuse Law UK
Association of Child Abuse Lawyers (ACAL)
Children are Unbeatable
NSPCC
Stop it Now!
Some of the primary legislation
Children and Young Persons Act 2008
Children Act 1989
Some of our recent notable cases
London Borough of Islington v Al Alas and Wray (2012)
Represented a father accused of causing the death of his baby son by shaking. Both parents were acquitted of any wrong doing. Found that the cause of the baby's death has actually been vitamin D deficiency, rickets, which led to infection, subdural haemorrhage (SDH), retinal haemorrhage and hypoxic ischaemic encephalopathy. The baby, suffering from undiagnosed congenital rickets, therefore was prone to fractures and infections.
[2012] EWHC 865 (Fam) 19/4/2012
Ian Peddie QC & Chris McWatters
A Local Authority v A & B & C & D (2011)
Care proceedings. Failure to follow guidance issued by the Royal College of Paediatrics and Child Health left serious evidential gaps in the courts' ability to assess the likelihood of sexual abuse in a pre-pubertal child. Need for the medical profession to follow the Guidance, in all but the most exceptional cases, re-stated.
[2011] EWHC 231 (Fam) 11/2/2011
Sorrel Dixon
London Borough of Richmond v B & W & B & CB (2010)
Care proceedings. Issue was the extent to which hair strand testing was a valid or reliable means of establishing whether a parent has consumed alcohol and, if so, to what extent. The Court analysed the science in detail and emphasised the need for the exercise of considerable caution in the interpretation of the results and the reliance placed on them.
[2010] EWHC 2903 (Fam) 12/11/2010. Reported at [2011] 1 FCR 401
Sorrel Dixon
London Borough of Brent v RM and others (2010)
Care proceedings relating to a 16-year-old girl with diagnosis of severe learning disability, severe autism and possibly Malignant Tourette's Syndrome who was at risk of self-injury due to a raft of factors. She needed specialist attention and at least 2:1 nursing care. LA wanted a CO leaving her in residential placement costing £300,000 pa more than 250 miles from parents home. Proceedings transferred into Court of Protection jurisdiction thereby giving less control to LA and more control (beyond 18 years) to the court (and the parents).
[2010] EWHC B31 (Fam) 15/10/2010. Reported at [2011] 1 FLR 1635.
Ian Peddie QC & Rachael Rowley-Fox
Re M (Children) (2009)
A father would be excluded from care proceedings as it was agreed he was a real risk to the safety of both the mother and the two children.
[2009] EWHC 3172 (Fam) 7/12/2009. Reported at [2010] 1 FLR 1355
Sam Momtaz & Kelly Webb
Re W (Children) (2010)
Regarding the oral evidence of children and its place in care proceedings cases.
[2010] EWCA Civ 57 9/2/2010. Reported at [2010] 1 FCR 365.
Maggie Jones
A Local Authority v J (2008)
Re. care orders and post adoption contact and competing welfare needs of siblings. The case considers consequences arising from mother's failure of emotional care towards her children and her inability to co-operate with the local authority.
[2008] EWCA 1484 24/6/2008. Reported at (2008) 2 FLR 1389.
Jo Delahunty QC and Amanda Meusz
B (Children) (2008)
Leading case on the standard of proof in care proceedings.
[2008] UKHL 35 11/6/2008. Reported at (2008) WLR 1.
Jo Delahunty QC and Alison Grief
Re M (A Child)
A mother whose son was in care, should be able to apply for further assessment of the education of her son.
[2007] EWCA Civ 1550 25/10/2007. Reported at (2008) 2 FLR 404.
Maggie Jones
London Borough of H and M and Anor (2006)
Adoption and the issues surrounding the placement of a child overseas.
[2006] EWHC 1907 (Fam) 27/7/06
Judith Trustman
Re X; Barnet LBC v. Y and X (2006) (no link)
Care plans and the refusal of a local authority to fund placement. Court clash
CC Barnet 18/4/06. Reported at (2006) 2 FLR 998
Jo Delahunty QC
(1) Haringey LBC (2) Hackney LBC v Mrs S & Ors (2006) (no link)
Care arrangements for a child whose parent was suspected of assault and willful neglect in respect of ritual abuse
[2006] EWHC 2001 27/7/06. Reported at [2007] 1 FLR 387.
Jo Delahunty QC
Re M (Children) (2005) (no link)
When making an interim care order in relation to a two-year old child, where it was possible to fix the final hearing for a further 10 months, the judge hadfailed to balance the long-term removal on the child with the risk of short-term harm if left with parents
[2005] EWCA Civ 1594 3/11/05. Reported at (2006) 1 FLR 1043.
Markanza Cudby
Re K (Children) (2004)
fresh evidence re case involving non-accidental injuries to children
[2004] EWCA Civ 1181 27/8/04. Reported at [2005] 1 FLR 285
Alison Grief
A Local Authority v C & 7 Ors (2003) (no link)
Placement of children with grandparents (unregistered as foster parents) as foster parents
[2003] EWHC 2206 (Fam) 31/7/03
Alison Grief
R (G) v Barnet LBC (2003)
Scope of duty to provide accommodation under s.17 Children Act 1989
[2003] UKHL 57 23/10/03. Reported at [2004] 2 AC 208
Stephen Knafler
R (Stewart) v Wandsworth LBC and others (2001) (no link)
Which of 3 local authorities responsible under Children Act 1989
[2001] EWHC Admin 709 17/9/01 (2001) 4 CCLR 466
Stephen Knafler
Useful links
Consultation on the review of contact arrangements for children in care (July 2012)
Children Act 1989: Guidance and Regulations
Practice Direction Public Law Proceedings Guide to Case Management: April 2010
Guide to Public Law Orders under Children Act 1989
CAFCASS
Family Rights Group Advice Sheets for Families involved with social services
High Court Family Division
Care Demand Statistics (2012-2013)
Some of the primary legislation
Children Act 1989
Some of our recent notable cases
Re P and L (Contact) (2011)
Case concerned the level and type of contact between two children, who were living with their mother, and their biological father and his same sex partner.
[2011] EWHC 3431 (Fam) 20/12/2011. Reported at [2012] 1 FLR 1068.
Maggie Jones
MA v RS (2011)
Case concerned the relationship of two children conceived by in vitro fertilisation with their parent and their same sex partners.
[2011] EWHC 2455 (Fam) 29/7/2011. Reported at [2012] 1 FLR 1056
Maggie Jones
In the Matter of M (Children) (2010) (no link available)
The court should not delegate decisions over contact to a local authority in private law proceedings.
[2010] EWCA Civ 1043 28/07/2010
Christopher McWatters
Re W (Children) (2010)
Regarding the oral evidence of children and its place in care proceedings cases.
[2010] EWCA Civ 57 9/2/2010. Reported at [2010] 1 FCR 365.
Maggie Jones
Re R (A Child) (2009)
A residence order granting residence of child to paternal grandparents was set aside in favour of natural parents. Insufficient consideration had been given to the child's fundamental right to be brought up by natural parents.
[2009] EWCA Civ 358 29/4/2009. Reported at [2009] 2 FCR 203
Birinder Kang
Useful links
CAFCASS Guide to Private Law Orders
Guide to Private Orders under the Children Act 1989
High Court Family Division
