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Family Law

The leading authority on all aspects of family law

05 JUL 2012

JUDICIAL REVIEW:R and Others v Cafcass [2012] EWCA Civ 853

(Court of Appeal, Lord Judge LCJ, McFarlane, Richards LJJ, 29 June 2012)

An appeal from [2011] EWHC 1774 (Admin), [2011] 2 FLR 1206, a decision in which permission to bring judicial review proceedings in respect of the duty of Cafcass to appoint a guardian in a timely manner was refused. The Appeal was only capable of succeeding if an individual duty of immediate appointment of a guardian existed.
 
In dismissing the appeal the Court of Appeal held that it was not possible to read into s 12(1)(c) and s 12(2) of the Criminal Justice and Court Services Act 2000 anything more than a general or target duty to appoint.

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