London Borough of Barnet v M/F [2014] EWFC B152 (25 July 2014)

London Borough of Barnet v M/F [2014] EWFC B152 (25 July 2014)

Wardship is not necessary or proportionate as private law orders can achieve the same protective result; Parliament intended inherent jurisdiction to be used only when other orders are insufficient. The court refuses leave for wardship and will make prohibitive and child arrangements orders by consent, with warning notices attached.

Citation
[2014] EWFC B152
Parties
Child: C; Local Authority: London Borough of Barnet; Mother: Mother of C; Father: Father of C; Children's Guardian: Jane Powell
Jurisdiction
England and Wales
Judgment Date
25 July 2014
Procedural Posture
Child Welfare/family Law / Final Hearing
Outcome
Application for wardship refused; private law orders granted by consent.
Legal Topics
Wardship, Child Arrangements Order, Significant Harm, Parental Responsibility, Publication of Judgments
Family Law Child Welfare Wardship Child Arrangements Order Significant Harm Parental Responsibility Publication of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

C

Child

London Borough of Barnet

Local Authority

Mother of C

Mother

Father of C

Father

Jane Powell

Children's Guardian

Procedural Posture

Child Welfare/family Law / Final Hearing

Legal Issues

  1. 1 Whether wardship is necessary to protect C from significant harm
  2. 2 Whether private law orders are sufficient
  3. 3 Whether judgments should be published on Bailli

Ratio Decidendi

Wardship is not necessary or proportionate as private law orders can achieve the same protective result; Parliament intended inherent jurisdiction to be used only when other orders are insufficient. The court refuses leave for wardship and will make prohibitive and child arrangements orders by consent, with warning notices attached.

Court Disposition

Application for wardship refused; private law orders granted by consent.

Orders

  • Prohibitive orders against mother regarding school, address, jurisdiction, nationality, passport changes without father's consent.
  • Child arrangements order defining minimum contact and information sharing with father.