S (A Child), Re

S (A Child), Re

The gross fund to be made available for the purchase of the property should be £1.1 million, as this amount will enable the trustees to secure a suitable home for the child within the identified price bracket. The decision is a broad-brush, discretionary judgment based on the evidence presented.

Parties
Subject: S (A Child); Appellant: Appellant; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
26 July 2006
Procedural Posture
Family / Appeal
Outcome
Appeal allowed in part
Legal Topics
Child Housing Provision, Trustees' Discretion, Separate Representation of Child
Family Law Child Housing Provision Trustees' Discretion Separate Representation of Child

Case Brief

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Parties

S (A Child)

Subject

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 What is the appropriate upper limit of the housing fund for the child?
  2. 2 Is the existing property affordable?
  3. 3 Should the mother be allowed to remain in the current property?

Ratio Decidendi

The gross fund to be made available for the purchase of the property should be £1.1 million, as this amount will enable the trustees to secure a suitable home for the child within the identified price bracket. The decision is a broad-brush, discretionary judgment based on the evidence presented.

Court Disposition

Appeal allowed in part

Orders

  • The fund to be made available for the purchase of the property should be £1.1 million.