J, Re (refusal to transfer to HC) [2015] EWFC B162 (16 October 2015)

J, Re (refusal to transfer to HC) [2015] EWFC B162 (16 October 2015)

The case does not require transfer to the High Court as it is a straightforward welfare decision suitable for a District Judge; the mother's immigration and housing status do not preclude her as a carer due to the likely application of the Zambrano principle and relevant case law; transfer would cause unnecessary delay.

Citation
[2015] EWFC B162
Parties
Child: J; Mother: M; Father: F; Local Authority: LBBD
Jurisdiction
England and Wales
Judgment Date
16 October 2015
Procedural Posture
Care Proceedings / Application to Transfer to High Court Refused
Outcome
application for transfer to High Court refused
Legal Topics
Care Proceedings, Child Welfare, Immigration Status of Carers, Housing Rights, Judicial Review, Transfer of Proceedings
Family Law Public Law Immigration Law Care Proceedings Child Welfare Immigration Status of Carers Housing Rights Judicial Review +1 more

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Parties

J

Child

M

Mother

F

Father

LBBD

Local Authority

Procedural Posture

Care Proceedings / Application to Transfer to High Court Refused

Legal Issues

  1. 1 Whether care proceedings should be transferred to the High Court
  2. 2 Impact of mother's immigration and housing status on her suitability as carer
  3. 3 Application of Zambrano principle to right to remain and housing

Ratio Decidendi

The case does not require transfer to the High Court as it is a straightforward welfare decision suitable for a District Judge; the mother's immigration and housing status do not preclude her as a carer due to the likely application of the Zambrano principle and relevant case law; transfer would cause unnecessary delay.

Court Disposition

application for transfer to High Court refused

Orders

  • Final hearing to proceed in family court as scheduled
  • No transfer of proceedings to High Court