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

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

26 MAR 2013


(Court of Appeal, Elias, Pitchford LJJ, Sir Alan Ward, 21 March 2013)

In care proceedings the 15-year-old boy, who had been joined as a party, sought permission to give evidence in person as he did not feel the strength of his feelings were being understood. The application was dismissed in the county court and care orders were made in respect of the boy and his younger half-sibling. The boy appealed.

The children had been removed into care due to concerns of neglect after the mother planned to leave the children while they were at school without making any provision for their care. While in foster care the boy absconded and had unofficial contact with his mother but had now settled well into a different foster home. However, he remained adamant in his wish to return home.

The judge had taken account of relevant matters and disregarded irrelevant matters in arriving at a conclusion that was plainly and obviously correct. She had explained the procedure to the boy, did not need to see him again or hear him give evidence. The harm to him far exceeded the benefit to the judge. That part of the appeal had to be dismissed.

The judge had also been absolutely right in making the care order. The bleak fact was that this was a feckless mother who put her own needs before those of the children. Having found the threshold crossed, the judge was left with no alternative but to grant the care order. The appeal would be dismissed.



Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Subscribe to our newsletters