S (Children)

S (Children)

It is impermissible to attach conditions to a section 91(14) order under the Children Act 1989; the only permissible limitations are duration and the type of application restrained. The correct test for permission to apply is whether there is a need for renewed judicial investigation or an arguable case. Orders without time limit or until the child’s 16th birthday should be exceptional and justified with reasons. The appeals were allowed in part to the extent of granting permission to appeal on the conditions issue (Stringer), but Everett’s substantive appeal was dismissed as he failed to demonstrate any change or need for renewed investigation.

Parties
Applicant/appellant (first Application): Christopher John Everett; Respondent (first Application): Allison Kemsley; Applicant/appellant (second Application): Martin Frank Stringer; Advocate to the Court: CAFCASS Legal (Paul Hepher)
Jurisdiction
England and Wales
Judgment Date
18 August 2006
Procedural Posture
Civil Appeal (family Law) / Applications for Permission to Appeal Against Orders Made Under Section 91(14) of the Children Act 1989
Outcome
Permission to appeal granted in both cases; appeal allowed in Stringer (on conditions issue); appeal dismissed in Everett (substantive application).
Legal Topics
Section 91(14) Children Act 1989, Contact Orders, Jurisdiction to Attach Conditions, Duration of Orders, Procedure for Applications for Permission to Apply
Family Law Child Law Section 91(14) Children Act 1989 Contact Orders Jurisdiction to Attach Conditions Duration of Orders Procedure for Applications for Permission to Apply

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Parties

Christopher John Everett

Applicant/appellant (first Application)

Allison Kemsley

Respondent (first Application)

Martin Frank Stringer

Applicant/appellant (second Application)

CAFCASS Legal (Paul Hepher)

Advocate to the Court

Procedural Posture

Civil Appeal (family Law) / Applications for Permission to Appeal Against Orders Made Under Section 91(14) of the Children Act 1989

Legal Issues

  1. 1 Is it permissible to attach conditions to a section 91(14) order under the Children Act 1989?
  2. 2 What is the correct approach for courts and applicants when an application for permission to apply is made under a section 91(14) order?
  3. 3 In what circumstances is it appropriate to make a section 91(14) order without limit of time or until the child’s 16th birthday?

Ratio Decidendi

It is impermissible to attach conditions to a section 91(14) order under the Children Act 1989; the only permissible limitations are duration and the type of application restrained. The correct test for permission to apply is whether there is a need for renewed judicial investigation or an arguable case. Orders without time limit or until the child’s 16th birthday should be exceptional and justified with reasons. The appeals were allowed in part to the extent of granting permission to appeal on the conditions issue (Stringer), but Everett’s substantive appeal was dismissed as he failed to demonstrate any change or need for renewed investigation.

Court Disposition

Permission to appeal granted in both cases; appeal allowed in Stringer (on conditions issue); appeal dismissed in Everett (substantive application).

Orders

  • It is impermissible to attach conditions to a section 91(14) order; any such conditions are set aside.
  • Mr Stringer granted permission to appeal; appeal not limited to conditions issue.