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Case Law and Legal Summaries

Case Law summaries

Case Law and Legal Summaries: monthly overview and analysis of selected public law cases, highlighting implications and recommendations for practice.

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Case Law and Legal Summaries March 2018

  • Case 1 considers whether a 2 year old boy should be placed for adoption, with the consequence that he will be separated from his two older sisters with whom he has lived and has a strong relationship with.  The judgment carefully considers the advantages of adoption compared to a long term foster care placement with (or with direct contact) with siblings.   
  • The judgment in Case 2 considers what role a father should play in legal proceedings concerning his daughters and in local authority decision-making about their welfare. The father had been convicted of sexual and cruelty offences against his children.
  • Case 3  summarises an appeal against the making of care orders on the basis that the judge had not methodically gone through the stages of the decision making process and had not addressed the welfare checklist.
  • Case 4 reviews relevant legal principles in a non-accidental injury finding of fact case concerning a small baby who suffered physical abuse in two separate incidents.
  • Case 5 concerns two children accommodated under section 20 for a very considerable period of time.  The judgment provides useful suggestions for practice in terms of when the use of s.20 accommodation may be appropriate and used to support joint working between the local authority and parents.  The judgment details the measures put in place by the local authority to improve the management and review of cases of children who are admitted to care under section 20.
  • Case 6 is a summary of a number of test cases relating to deprivation of liberty of 7 children, ages ranging from 11 to 16.

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