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Family Law

The leading authority on all aspects of family law

10 MAY 2005

CARE PROCEEDINGS: Lambeth London Borough Council v S, C, V and J (By His Guardian); Legal Services Commission Intervening [2005] EWHC 776 (Fam)

(Family Division; Ryder J; 3 May 2005) [2005] 2 FLR 1171

The paternal grandmother was the potential blood relative able to offer a meaningful familial relationship and Ryder J held that a residential assessment under the Children Act 1989, s 38(6) was in the child's interests. The two enjoyed a de facto family life and the State had a positive obligation to promote this. The s 38(6) assessment was not part of the local authority's case, it was a power inherent in the court. The costs of the residential assessment were apportioned between the parties rather than being borne automatically by the local authority, 25% of costs were apportioned to the child's legal aid certificate, 25% to the grandmother's legal aid certificate and 50% to the local authority.

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