England and Wales Case Law

C (Welfare: Care Order), Re

The court found that the threshold for a care order was met due to proven risks of significant harm from neglect, substance misuse, domestic abuse, and inability to implement protective boundaries. The mother's change in position and acceptance of the Local Authority's plan was credited, but the risks in her care far exceeded the disadvantages of separation. A care order was necessary and proportionate to safeguard Cora's welfare, with ongoing supervised contact and a plan for therapeutic support for the mother.

Source excerpt

• Care order
• Child welfare
• Parental responsibility
• Substance misuse
• Domestic abuse
• Child sexual exploitation

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Liam Harron v The Information Commissioner & Anor

The tribunal allowed an appeal over a FOIA refusal, holding that Rotherham Metropolitan Borough Council could not rely on section 14 to withhold the requested information.

• Freedom of information act 2000
• Vexatious requests
• Public authority transparency
• Child sexual exploitation
• Press statements
• Freedom-of-information

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James and Alison (Children) (Care Proceedings), Re

The court found the threshold for intervention crossed but determined that removal into care would likely be counterproductive and emotionally damaging for Alison, delaying therapeutic progress and increasing vulnerability. The evidence showed M was an ideal candidate for therapy and capable of change. The support package would be similar whether Alison was at home or in care. Therefore, a supervision order was more proportionate and in Alison's best welfare interests.

Source excerpt

• Care orders
• Supervision orders
• Child welfare
• Neglect
• Child sexual exploitation
• School attendance

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P (teenager: transfer of residence: number 1), Re

P's welfare requires immediate material change due to emotional harm, risk of sexual exploitation, and inability of M to provide safe, boundaried parenting. Expert evidence overwhelmingly supports transfer of residence to F with supervised contact for M. P's stated wishes and feelings are unreliable due to emotional immaturity and influence from M. Only F can provide the environment necessary for P's safety and emotional recovery.

Source excerpt

• Child arrangements order
• Child sexual exploitation
• Parental responsibility
• Therapeutic intervention
• Parental alienation
• Emotional abuse

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Page, R. v (Rev1)

Page, R. v (Rev1) [2022] EWCA Crim 902 (10 June 2022)

The Court of Appeal held Mark Page’s original sentence for child-sex offences was unduly lenient and increased the total term from 12 to 18 years.

• Sentencing
• Sexual offences
• Child sexual exploitation
• Appeals
• Unduly lenient sentences
• Dangerousness provisions

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P (Notice of care proceedings to father without parental responsibility)

P (Notice of care proceedings to father without parental responsibility) [2019] EWFC 13 (11 March 2019)

The Family Court held that a putative father with no parental responsibility and no de facto family life with the child need not be notified of care proceedings.

• Care proceedings
• Parental responsibility
• Notice to parent without parental responsibility
• Child sexual exploitation
• Article 8 echr
• Article 6 echr

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P (Notice of care proceedings to father without parental responsibility)

The Family Court held that a putative father had no Article 8 family life with a baby conceived through child sexual exploitation, so notice of care proceedings was disapplied.

• Care orders
• Parental responsibility
• Notice requirements
• Child sexual exploitation
• Article 8 echr
• Article 6 echr

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C (Children : Fact-Finding)

C (Children : Fact-Finding) [2018] EWCA Civ 801 (18 April 2018)

The Court of Appeal dismissed a local authority appeal in care proceedings, upholding limited fact-finding conclusions and a refusal to reopen findings after later psychological evidence.

• Care proceedings
• Fact-finding
• Child sexual exploitation
• Parental capacity
• Threshold criteria
• Care-proceedings

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Rotherham Metropolitan Borough Council v M & Ors

The court discharged wardship injunctions against four men but granted lifelong reporting restrictions to protect a vulnerable child and prevent jigsaw identification.

• Wardship
• Reporting restrictions
• Child sexual exploitation
• Anonymity orders
• Inherent jurisdiction
• Reporting-restrictions

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Rotherham Metropolitan Borough Council v M & Ors

Rotherham Metropolitan Borough Council v M & Ors [2016] EWHC 2660 (Fam) (25 October 2016)

The High Court discharged interim injunctions against four associated males but granted lifelong reporting restrictions to protect Child G and prevent jigsaw identification.

• Wardship
• Reporting restrictions
• Child sexual exploitation
• Inherent jurisdiction
• Open justice
• Anonymity orders

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