Use of inherent jurisdiction to authorise a placement involving a deprivation of liberty when one or more of the relevant criteria under s25 of the Children Act 1989 are not satisfied.
The case involved an appeal by a father in relation to an order made in private law proceedings restricting his contact to indirect only and restricting his exercise of parental responsibility.
A deputy High Court judge’s refusal to set aside a return order made under the 1980 Hague Convention was successfully appealed.
Clare Cullen considers the case of R (on the application of Tiemo) v Lambeth London Borough Council [2020] EWHC 1193 (Admin) where the High Court adjourned a case considering the suitability of interim accommodation where further information was required
Appeal by a father in which the court of appeal considered a local authority’s powers in relation to changing the nationality of children in care
Today, in a last minute announcement before the stay on possession claims was due to be lifted on 23 August 2020, it was explained that the Lord Chancellor had written to Sir Terence Etherton MR to explain that: “he [the Lord Chancellor] thinks it expedient for the Civil Procedure Rules to include provision that would extend the stay imposed by rule 55.29 for a period of four weeks, to 20 September”.
The case concerned an appeal by a local authority against the discharging of care orders in respect of two girls, aged 9 and 7. The orders were made in January 2020 in the context of physical abuse allegations against a child of their mother's then-partner.
Appeal by father (F) against order made under inherent jurisdiction that a child (A) aged 13 and a British National, who has been living in Algeria for just over 12 years, should be brought to England so that “an assessment can be made in a place of safety as to her best interests and living arrangements”.
A new Practice Direction (PD 55C) is to come into force on 23 August 2020. The Practice Direction is made under r.55.A1 and is said to be a “temporary modification” of Part 55, for an “interim period” commencing on 23 August 2020 and ending on 28 March 2021.
This case raises 3 important points about interpreting and applying sections 2 and 3 of the Mental Capacity Act 2005 (MCA) in the context of alcohol addiction.