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

29 FEB 2008

FAMILY PROCEEDINGS/LOCAL AUTHORITY: K v A Local Authority [2008] EWCA Civ 103

(Court of Appeal; Dyson, Smith and Wilson LJJ; 21 February 2008)

When, in family proceedings, a court had made a direction under Children Act 1989, s 37, that a local authority should investigate the circumstances of a person claiming to be a child and when, in response to the direction, the local authority informed the court of their conclusion, following investigation, that the person was not a child, the court was entitled to direct that a fact-finding hearing should take place in order to determine the issue as to whether or not the person was a child. The local authority was entitled to submit to the court that there was no power to make a direction under s 37 because there was no 'child' or because there were no family proceedings, or because no question arose with respect to the child's welfare, but s 37 did not confer on a local authority the right to determine whether any of the three threshold requirements for the exercise of a judicial power under s 37 were satisfied. When making a direction under s 37 the court had to be satisfied that the proceedings were not a contrivance to secure the facility to challenge a local authority's assessment of a person's age in a judicial enquiry de novo, which would run counter to the statutory scheme for the discharge of local authority functions.

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

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Subscribe to our newsletters