Public Law Disputes Flashcards

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1
Q

Re X?

A

Syrian foster kids.

Listed the types of harm - physical, emotional, sexual, neglect.

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2
Q

Re L?

A

Significant harm has no all embracing definition.

We have to be tolerant of diverse standards of parenting - from the barely adequate to the eccentric.

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3
Q

Re MA?

A

Trafficked nephew case. Harm has to be applied to each individual child.

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4
Q

Wandsworth v MA?

A

Educational and social isolation = significant harm

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5
Q

Re M?

A

Harm doesn’t have to be ongoing - we can look backwards.

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6
Q

What is the standard for likely to suffer significant harm?

A

Re H - Balance of probabilities.

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7
Q

What was confusing about Re H judgment?

A

Idea that more improbable the event the stronger the evidence required

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8
Q

Where did this confusion become a real problem?

A

Re B - where judge said that as he couldn’t rule out possibility, he has to conclude he did.

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9
Q

Where did we get clarification?

A

Re B HL - Hale - Balance of probabilities is the standard. judges cannot sit on the fence.

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10
Q

Who gave the hotel owner who shot someone criticism?

A

John Hayes

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11
Q

Who do I agree with about suspicion?

A

Bainham - we have to rely on proof, not suspicion!

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12
Q

Case developed pool of perpetrators?

A

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

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13
Q

Is being in a pool of perpetrators enough for future children to be taken away?

A

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.

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14
Q

Case with 14 criteria for Emergency Protection Order?

A

X CC v B

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15
Q

Case with family coerced into Section 20 agreement?

A

Surrey CC v MFE

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16
Q

Can police use S46 power at the same time an EPO has been issued?

A

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.

17
Q

Mother taken by police via S46?

A

A v East Sussex - Use not illegal or disproportionate.

Worried mother was lying about child illness.

18
Q

Re B UKSC?

A

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”

19
Q

Re B-S?

A

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.

20
Q

Re R

A

Clarified that judges shouldn’t be scared of adoption order - but should follow logical process

21
Q

WHAT STANDARD HAS TO BE MET FOR LIKELY TO SUFFER SIGNIFICANT HARM?

A

Harm has to be “real possibility that cannot sensibly be ignored”.

This has to be informed by findings of FACT and not mere suspicion!!!!