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Practice—Family proceedings—Injunctions

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20 June 2014
Issue: 7611 / Categories: Case law , Law reports , In Court
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Re DE (a Child) [2014] EWFC 6, [2014] All ER (D) 72 (Jun)

Family Division, Baker J, 23 May 2014

The Family Division has issued guidance on care proceedings under the Children Act 1989.

Deirdre Fottrell for the father. Hayley Griffiths for the authority. Lucy Sprinz for the mother. Kambiz Moradifar for the third respondent by his children’s guardian.

The proceedings concerned a child, D, who was born in 2011. The local authority started care proceedings under s 31 of the Children Act 1989 (CA 1989). After he was discharged from hospital, D and his parents underwent a 16-week residential placement in a local authority foster placement which was completed successfully. Subsequently, the local authority developed concerns and concluded that D should be removed from his parents’ care to foster carers. A hearing on April took place where the father was encouraged to apply for an injunction, which he did under s 8(1) of the Human Rights Act 1998 (HRA 1998). The judge refused the application for an injunction and the father applied

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