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England and Wales Case Law

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Family law [2025] EWFC 449 (B)

The Child, Z, Re

The Child, Z, Re [2025] EWFC 449 (B) (19 November 2025)

The court made a Special Guardianship Order for Z in favour of her maternal grandmother and step-grandfather, with a 12-month Supervision Order.

  • Special guardianship order
  • Supervision order
  • Care and placement orders
  • Threshold criteria
  • Welfare checklist
  • Domestic abuse
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Family law

Amber (Unjustified Delay), Re

Delay in proceedings was wholly unjustified and caused significant emotional harm to Amber. Extensions beyond the statutory 26-week limit were not properly justified or recorded. Adjournment for further assessment of 'Uncle Jay' would cause further harm and is not necessary. Threshold for care order is met. Care order with plan for long-term foster care and monthly contact is the only option meeting Amber's welfare best interests. Judgment to be published for transparency.

  • Care orders
  • Delay in proceedings
  • Case management
  • Welfare of the child
  • Article 6 and 8 echr
  • Threshold criteria
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Family law

The Mother v The Local Authority & Ors

The risk of emotional harm to the children from notification and direct ascertainment of their wishes, while significant, is not sufficient to justify exclusion from participation in proceedings affecting their Article 8 rights. The children must be notified and their wishes and feelings obtained, with harm mitigated by a shared narrative and sensitive handling.

  • Care orders
  • Children's rights
  • Notification of proceedings
  • Ascertainment of wishes and feelings
  • Article 6 and 8 echr
  • Un convention on the rights of the child
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Administrative law [2025] EWHC 146 (Admin)

Peto v Information Commissioner

Peto v Information Commissioner [2025] EWHC 146 (Admin) (29 January 2025)

The High Court refused permission for judicial review of the ICO’s warning and decision not to prosecute alleged data protection breaches involving Labour Party forum data.

  • Judicial review
  • Ico prosecutorial discretion
  • Gdpr breaches
  • Data protection act 2018 s.170 and s.173
  • Article 6 and 8 echr
  • Public sector equality duty
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Family law [2024] EWFC 444 (B)

The Mother v The Local Authority & Ors

The Mother v The Local Authority & Ors [2024] EWFC 444 (B) (19 September 2024)

The Family Court refused to withhold notice of a mother’s application to discharge care orders. The children were to be told and their wishes and feelings obtained.

  • Care orders
  • Children's participation
  • Wishes and feelings
  • Disclosure
  • Article 6 and 8 echr
  • Uncrc article 12
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Family law [2022] EWHC 2134 (Fam)

G, Re (Inherent Jurisdiction Return: Disclosure of Asylum Documents)

G, Re (Inherent Jurisdiction Return: Disclosure of Asylum Documents) [2022] EWHC 2134 (Fam) (11 August 2022)

The High Court ordered partial disclosure of redacted asylum documents in child return proceedings, balancing confidentiality against fair trial rights and the child’s welfare.

  • Disclosure of asylum documents
  • Inherent jurisdiction for child return
  • Balancing confidentiality and fair trial rights
  • Article 6 and 8 echr
  • Welfare of the child
  • Closed material procedures
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Criminal law [2021] EWHC 2125 (Admin)

Kay, R (On the Application Of) v Secretary of State for Justice

Kay, R (On the Application Of) v Secretary of State for Justice [2021] EWHC 2125 (Admin) (30 July 2021)

The High Court dismissed a judicial review of a refusal to pay miscarriage-of-justice compensation under section 133 of the Criminal Justice Act 1988.

  • Miscarriage of justice compensation
  • Judicial review
  • Procedural fairness
  • Interpretation of section 133 criminal justice act 1988
  • Article 6 and 8 echr
  • Judicial-review
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Mental capacity

KK v Leeds City Council

Appeal over refusal to join a vulnerable adult’s aunt as a party in Court of Protection proceedings was dismissed, though permission to appeal was granted.

  • Party joinder
  • Disclosure of confidential material
  • Best interests
  • Open justice
  • Natural justice
  • Article 6 and 8 echr
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Family law

G (Children: Fair Hearing), Re

The Court of Appeal held that a mother’s consent to interim care orders was not freely given after the judge exerted improper pressure, so the orders were set aside.

  • Interim care orders
  • Fair hearing
  • Judicial conduct
  • Consent under duress
  • Article 6 and 8 echr
  • Interim-care-orders
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Family law [2019] EWCA Civ 126

G (Children: Fair Hearing), Re

G (Children: Fair Hearing), Re [2019] EWCA Civ 126 (07 February 2019)

The Court of Appeal held that a mother’s consent to interim care orders was not freely given after judicial pressure, and ordered a rehearing before a different judge.

  • Interim care orders
  • Procedural fairness
  • Judicial conduct
  • Consent under duress
  • Children act 1989
  • Article 6 and 8 echr
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.