Local Authority v HP & Anor

Local Authority v HP & Anor

A county court judge has jurisdiction to attach a penal notice to a contact order made under section 34 of the Children Act 1989 against a local authority, and such an order is enforceable by committal under CCR Order 29. The absence of express provision in the FPR does not exclude this power. However, the continuation of the penal notice is not justified where contact is now working smoothly and the notice has served its purpose.

Parties
Appellant: Local Authority; Respondent: HP; Respondent: MB; Subject: P-B (Children); Interested Party: Guardian
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Appeal (public Law Children Proceedings) / Judgment on Appeal From County Court Decision
Outcome
Appeal dismissed as to jurisdiction; allowed as to continuation of penal notice
Legal Topics
Enforcement of Contact Orders, Committal for Contempt, Penal Notices, Jurisdiction of County Court, Children Act 1989 Section 34
Family Law Child Law Civil Procedure Enforcement of Contact Orders Committal for Contempt Penal Notices Jurisdiction of County Court Children Act 1989 Section 34

Case Brief

Summary, issues, holding and outcome

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Parties

Local Authority

Appellant

HP

Respondent

MB

Respondent

P-B (Children)

Subject

Guardian

Interested Party

Procedural Posture

Appeal (public Law Children Proceedings) / Judgment on Appeal From County Court Decision

Legal Issues

  1. 1 Whether a county court judge has power to attach a penal notice to a contact order under section 34 of the Children Act 1989 against a local authority
  2. 2 Whether such an order is enforceable by committal
  3. 3 Whether it was appropriate to impose and/or continue the penal notice in the circumstances

Ratio Decidendi

A county court judge has jurisdiction to attach a penal notice to a contact order made under section 34 of the Children Act 1989 against a local authority, and such an order is enforceable by committal under CCR Order 29. The absence of express provision in the FPR does not exclude this power. However, the continuation of the penal notice is not justified where contact is now working smoothly and the notice has served its purpose.

Court Disposition

Appeal dismissed as to jurisdiction; allowed as to continuation of penal notice

Orders

  • Paragraph (5) of the order made by Judge Pearce on 16 and 23 October 2008 (the penal notice) is deleted with immediate effect.
  • The appeal is dismissed on the question of jurisdiction but allowed in relation to the continuation of the penal notice.