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Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

18 JUL 2011

CARE PROCEEDINGS: A County Council v K, C and T [2011] EWHC 1672 (Fam)

(Family Division; Sir Nicholas Wall P; 4 July 2011)

The Local Authority sought to remove a child from its parent's care under an interim care order: Both parents and guardian were opposed to the plan.

Where there is an irreconcilable difference of view between a guardian and their manager, the decision of the line manager should not invariably prevail. The proper course is for Cafcass to apply to intervene and for the differing views to be placed transparently before the court. The court will then decide. It was not for Cafcass to replace the guardian or substitute its views for those of the guardian.


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