header-logo header-logo

Family

05 September 2013
Issue: 7574 / Categories: Case law , Law digest
printer mail-detail

Re G (a child) (care order: proportionality) [2013] EWCA Civ 965, [2013] All ER (D) 375 (Jul)

The authorities had made it clear that, following the process of finding any relevant facts, the court in a public law children case had to first make an evaluation to determine whether the statutory threshold criteria in s 31 of the Children Act 1989 were established with respect to the individual child or children as at the relevant date. If the threshold criteria were established, the final stage of the proceedings involved the court evaluating which set of arrangements for the child’s future care were to be endorsed by the court’s order and the evaluation was conducted by affording paramount consideration to the child’s welfare (the welfare evaluation).

Under s 1 of the Act, when a court determined any question with respect to the upbringing of a child, the court had to treat the welfare of the child as the paramount consideration. A judge could not properly decide that a care order should be made in such circumstances, unless the order was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll