FAMILY
Search Notable Cases Sunday, 20th May 2012
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North Yorkshire County Council v B [2008] 1 FLR 1645 (ruling out mother despite outstanding assessments of family members), Re B, C and D Children [2010] 2 FLR forthcoming, [2010] EWHC 262 (Fam) (publicity in care proceedings).

B,C and D Children [2010] EWCH 262 -
Case concerning publicity in care proceedings.

Re S (A Child Care Order Finding of Fact) 2010 EWCA Civ 1363.
A Human Rights act case important for local authorities because it emphasises that local authorities acting in good faith to protect a child in difficult circumstances are entitled to look to the appellate court for support.

G and B (Children) 2009 Fam Law 282

LeedsCity Council v YX and ZX (Assessment of Sexual Abuse) 2008 2 FLR 869

O -v- N, re B, [2003] 1UK House of Lords 18 [2003] 1FLR 1169
Correct approach taken by the court where the threshold criteria established but the identity
of the perpetrator is uncertain.

Re L (Interim Care Order: Power of Court) [1996] 2 FLR 742

Re B (non accidental injury: compelling medical evidence) [2002] 2 FLR 1133
Courts approach on determining findings in respect of the threshold criteria and evaluating contradictory medical and lay evidence.

Re W [2005]
Successfully reopened concluded High Court care proceedings, and overturned a perpetration finding in a non-accidental head injury case in the light of new evidence.

Re D (Child: Threshold criteria) [2001] 1 FLR 274 CA
Considered the effect of agreement as to the threshold criteria in ‘split trials’ and held that the issues could be reopened at the disposal stage if to do so was essential in the interests of the child.

M -v- C and Calderdale MBC [1993] 1 FLR 505 CA
Clarified the definition of ‘parent’ within the Children Act 1989. Held that after a freeing order a parent ceases to be a parent within the meaning of s.10 (4) Children Act 1989, and is not therefore entitled to apply without leave for a residence order under section 8.
O -v- N, re B, [2003] 1UK House of Lords 18 [2003] 1FLR 1169
Correct approach taken by the court where the threshold criteria established but the identity
of the perpetrator is uncertain.

Re B (non accidental injury: compelling medical evidence) [2002] 2FLR 1133
Courts approach on determining findings in respect of the threshold criteria and evaluating
contradictory medical and lay evidence.

Re G, [2002] 2 FCR 377
Contact orders to be made in care and freeing proceedings.

Barrett v Kirklees Metropolitan Borough Council [2010] EWHC 467 (Admin)
Application by special guardian for a fresh assessment of the allowances payable to her. A new assessment backdated to March 2006 was ordered.

Re H (CONTACT: DOMESTIC VIOLENCE GUIDELINES) [Court of Appeal] [2006] 1 F.L.R. 943 ; EWCA Civ 1404, FLR [2006]
Contact : domestic violence, Appeal allowed due to Judge's failure to have any regard to Re L (Contact: Domestic Violence) [2002] FLR 334, or to the guidelines prepared by the Children Act Sub- Committee on Family Law in relation to contact cases where there have been allegations of domestic violence.

Re G [2004]
Represented the mother (in care proceedings) who was convicted of selling her unborn baby over the internet.

R -v- Jennison [1998]
Represented devoted daughter charged with the murder of her Alzheimer’s suffering mother after assisting in her suicide. The defendant was acquitted.

Re S & P (Discharge of Care Order) FD [1995] 2 FLR 782
Burden on the party applying for discharge of care order to demonstrate that they have a good arguable case.

Jane acted for the Appellant in the case of Bartley -v- Wilson (24th September 2004) which went before the Court of Appeal. The appeal dealt with the appropriate length of committal in proceedings for breach of a non-molestation order.
Re W (Children) [2007] EWCA Civ 753, CA
An Appeal against an Order for no contact in private law proceedings.
RE T (A CHILD) (2009)
In the circumstances there had been no cogent reason for forcing on a local authority a care order rather than the supervision order which it had asked for and which the parties and the child's guardian were agreed was appropriate.
FAMILY LAW
[2009] EWCA Civ 121
CA (Civ Div) (Sir Mark Potter (President), Arden LJ, Jackson LJ) 4/3/2009
All in the Care Standards Tribunal
EY Debbie Stewart -v- Ofsted [2005] 0533

Application to strike out appeal on procedural matters.

Adrienne Flemming -v- Ofsted [2004] 0401.EY
Application to strike out appeal on procedural matters.

P -v- HM Chief Inspector of Schools in England [2004] 0334.EY-SUS
Suspension case involving a day nursery (acting for parents).

Mrs Christine Oakes -v- HM Chief Inspector of Schools in England [2003] 0226.EY
Case involved the cancellation of child minder who was in breach of the National Standards.

Lisa Stringer -v- HM Chief Inspector of Schools in England [2003] 0166.EY
Cases involving breaches of the practitioners child minding ratio agreement.

Fun Camps -v- Ofsted [2003] 0124.EY
Costs application.