E (A Child), Re

E (A Child), Re

Section 100(2)(b) does not preclude the court from making a wardship order where the child is voluntarily accommodated under Section 20; the judge was wrong to consider himself prevented from making such an order.

Parties
Appellant: Appellant; Respondent: Respondent Local Authority; Interested Party: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
22 November 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Wardship, Section 20 Children Act 1989, Section 100 Children Act 1989, Care Orders
Family Law Child Law Wardship Section 20 Children Act 1989 Section 100 Children Act 1989 Care Orders

Case Brief

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Parties

Appellant

Appellant

Respondent Local Authority

Respondent

Children’s Guardian

Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Section 100(2)(b) of the Children Act 1989 prevents the court from making a wardship order when a child is voluntarily accommodated under Section 20 of the same Act.

Ratio Decidendi

Section 100(2)(b) does not preclude the court from making a wardship order where the child is voluntarily accommodated under Section 20; the judge was wrong to consider himself prevented from making such an order.

Court Disposition

Appeal allowed

Orders

  • Care order set aside
  • Wardship order made in respect of the child