Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

04 AUG 2011

CARE PROCEEDINGS: R v Cafcass [2011] EWHC 1774 (Admin)

(Court of Appeal; Munby LJ and Thirlwall J; 12 July 2011)

Four children were the subject of separate care proceedings. There was a very long delay before the allocation of a guardian. The Official Solicitor sought a declaration that Cafcass acted unlawfully and in breach of its statutory duty by failing to appoint a guardian earlier. Defended on the basis that Cafcass owed no public law duty to any child to allocate guardian.

Held that Cafcass has a duty to appoint a guardian as soon as reasonably practicable taking into account its general functions, duties and resources. Cafcass does not owe a specific duty to an individual child.  A mere delay in allocation and appointment of guardian did not of itself give rise to any actionable breach of either Art 6 or Art 8.

Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Lexis®Library
Cohabitation

Cohabitation

Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...