Public Law Disputes

Question 1

Re X?

Answer 1

Syrian foster kids.

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

Question 2

Re L?

Answer 2

Significant harm has no all embracing definition.

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

Question 3

Re MA?

Answer 3

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

Question 4

Wandsworth v MA?

Answer 4

Educational and social isolation = significant harm

Question 5

Re M?

Answer 5

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

Question 6

What is the standard for likely to suffer significant harm?

Answer 6

Re H - Balance of probabilities.

Question 7

What was confusing about Re H judgment?

Answer 7

Idea that more improbable the event the stronger the evidence required

Question 8

Where did this confusion become a real problem?

Answer 8

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

Question 9

Where did we get clarification?

Answer 9

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

Question 10

Who gave the hotel owner who shot someone criticism?

Answer 10

John Hayes

Question 11

Who do I agree with about suspicion?

Answer 11

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

Question 12

Case developed pool of perpetrators?

Answer 12

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

Question 13

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

Answer 13

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.

Question 14

Case with 14 criteria for Emergency Protection Order?

Answer 14

X CC v B

Question 15

Case with family coerced into Section 20 agreement?

Answer 15

Surrey CC v MFE

Question 16

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

Answer 16

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.

Question 17

Mother taken by police via S46?

Answer 17

A v East Sussex - Use not illegal or disproportionate.

Worried mother was lying about child illness.

Question 18

Re B UKSC?

Answer 18

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”

Question 19

Re B-S?

Answer 19

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.

Question 20

Re R

Answer 20

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

Question 21

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

Answer 21

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

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