Public Law Disputes Flashcards
Re X?
Syrian foster kids.
Listed the types of harm - physical, emotional, sexual, neglect.
Re L?
Significant harm has no all embracing definition.
We have to be tolerant of diverse standards of parenting - from the barely adequate to the eccentric.
Re MA?
Trafficked nephew case. Harm has to be applied to each individual child.
Wandsworth v MA?
Educational and social isolation = significant harm
Re M?
Harm doesn’t have to be ongoing - we can look backwards.
What is the standard for likely to suffer significant harm?
Re H - Balance of probabilities.
What was confusing about Re H judgment?
Idea that more improbable the event the stronger the evidence required
Where did this confusion become a real problem?
Re B - where judge said that as he couldn’t rule out possibility, he has to conclude he did.
Where did we get clarification?
Re B HL - Hale - Balance of probabilities is the standard. judges cannot sit on the fence.
Who gave the hotel owner who shot someone criticism?
John Hayes
Who do I agree with about suspicion?
Bainham - we have to rely on proof, not suspicion!
Case developed pool of perpetrators?
Lancashire v B - Couldn’t figure out if harm had been done by mum, dad or care. So put them in a pool to meet standard
Is being in a pool of perpetrators enough for future children to be taken away?
Re S-B - No. All the pool does is establish a real possibility. However, for this standard (BoP) we need a direct and unequivocal link.
Case with 14 criteria for Emergency Protection Order?
X CC v B
Case with family coerced into Section 20 agreement?
Surrey CC v MFE
Can police use S46 power at the same time an EPO has been issued?
Langley - Yes - but only if there is a compelling reason and EPO is not practical.
Langley involved blind father driving. In that case it was disproportionate.
Mother taken by police via S46?
A v East Sussex - Use not illegal or disproportionate.
Worried mother was lying about child illness.
Re B UKSC?
Mother tried to appeal adoption order.
Court rejected her application as the parents both had criminal pasts, and were considered manipulative and dishonest.
Court emphasised that adoption is a “very extreme order” and that it should only be used as a “last resort”
Re B-S?
No leave to appeal adoption allowed for mother.
When considering adoption order, remember the welfare of child and importance of natural upbringing.
Adoption should be a last resort.
Re R
Clarified that judges shouldn’t be scared of adoption order - but should follow logical process
WHAT STANDARD HAS TO BE MET FOR LIKELY TO SUFFER SIGNIFICANT HARM?
Harm has to be “real possibility that cannot sensibly be ignored”.
This has to be informed by findings of FACT and not mere suspicion!!!!
