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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

31 AUG 2012

R (on the application of R) v Child and Family Court Advisory and Support Service [2012] EWCA Civ 853 (2012) PLLR 100

Family law - care proceedings - CAFCASS - appointment of guardians - judicial review - statutory construction

Although it was important to appoint a guardian at an early stage of care proceedings, s 12 of the Criminal Justice and Court Services Act 2000 was a general duty and did not give rise to an individually enforceable duty to appoint a guardian immediately.

29 June 2012

Court of Appeal (Civil Division)

Lord Judge LCJ; Richards LJ; McFarlane LJ

(1) Four children (C) appealed against a decision of the Divisional Court which held that the duty in s 12 of the Criminal Justice and Court Services Act 2000 was a general duty and did not give rise to an individually enforceable duty to appoint a guardian immediately. C had been subject of care proceedings and CAFCASS had delayed in the appointment of guardians, who represent the child's interests in care proceedings. C argued that CAFCASS had failed in its duty because a guardian had been appointed so late that the guardian would not be able to effectively discharge their duties and responsibilities. In support of this, C submitted that the duties under the s 12 of the Criminal Justice and Court Services Act 2000 were owed to individual children, and were not just general duties.

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