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Case law hub

Author: Community Care Inform

Updated Date: 17 July 2024

Publication Date: 1 May 2024

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Learning points

Community Care Inform Children understands the importance of legal literacy among social workers and others working in children’s services. This is why we have invested in bringing you expert-written case law summaries that set out the implications of court rulings for your practice. This page will be updated as we publish new summaries.

If you are looking for other legal resources such as guides to the law on different topics and digests of legislation, please see our legal hub. You may also be interested in the court skills knowledge and practice hub.

This hub helps you with point 8 : the law and the family and youth justice systems of the post-qualifying standards: knowledge and skills statement for child and family practitioners.

2024

Local authority liability for kinship care foster carers: DJ v Barnsley Metropolitan Borough Council & Anor [2024] EWCA Civ 841

Care orders and local authorities consenting to a deprivation of liberty: Re J [2024] EWHC 1690 (Fam)

Capacity, sexual relations and executive functioning: A Local Authority v ZX [2024] EWCOP 30

Child arrangements proceedings and domestic abuse: SR v RT [2024] EWFC 103 (B)

Utilising the Family Drug and Alcohol Court in domestic abuse cases: London Borough A v A & Ors [2024] EWFC 46

Deprivation of liberty, disabled children and Cheshire West: Re SM [2024] EWHC 493 (Fam

2023

Disabled children, short breaks and section 20: R (TS) v Hackney [2023] EWHC 3063 (Admin)

Child protection and the common law duty of care: HXA v Surrey County Council & Anor [2023] UKSC 52

Psychological assessments in care proceedings: E (A Child) (Care and Placement Orders) [2023] EWCA Civ 721

Termination of an 11-year-old’s pregnancy, Gillick competence and child protection: A Health Board v AZ [2023] EWHC 2517

Interim care orders – are they ‘necessary and proportionate’?: Re J & Ors [2023] EWCA Civ 1266

Infant vaccination, religious objection and care orders: Re WSP (A Child) [2023] EWHC 2622 (Fam)

Deprivation of liberty to protect a child from criminal exploitation: EBY (A Child) [2023] EWHC 2494 (Fam)

Termination of an 11-year-old’s pregnancy, Gillick competence and child protection: A Health Board v AZ [2023] EWHC 2517

Care orders v supervision orders when a child is placed at home: JW [2023] EWCA Civ 944

Long term use of section 20 and the care order threshold: Re S (A Child) & W (A Child) [2023] EWCA Civ 1

Notifying the birth father of adoption proceedings: M [2023] EWFC 17

Fabricated or induced illness and emergency protection orders: E and H [2023] EWFC 69

Mobile phone records and abuse allegations: P, H-L (Children) (Rev1) [2023] EWCA Civ 206

Transgender surgery abroad and the inherent jurisdiction: S [2023] EWHC 347 (Fam)

The interface between the Mental Health Act and Mental Capacity Act: Manchester University Hospitals NHS Foundation Trust v JS & Anor [2023] EWCOP 12 and [2023] EWCOP 33

Unborn baby, HIV risk, and parental consent: Kettering General Hospital NHS Foundation Trust v C & Anor [2023] EWHC 239 (Fam)

Coercive control, contact and parental responsibility: F v M (Rev1) [2023] EWFC 5

Restricting access to mobile phone and social media – deprivation of liberty?: Manchester City Council v P (Rev1) [2023] EWHC 133 (Fam)

2022

Parental alienation and care proceedings: Warwickshire County Council v The Mother & Ors [2022] EWHC 2146 (Fam)

Section 91(14) ‘barring orders’: A Local Authority v F & Ors [2022] EWFC 127

Withdrawing care proceedings: Lancashire County Council v M & Ors [2022] EWHC 2900 (Fam)

Foreign convictions against mother’s partner and care proceedings: W-A (Children) [2022] EWCA Civ 1118

Fact-finding hearings and section 31 threshold: Barnsley Metropolitan Borough Council v VW & Ors [2022] EWFC 83

Adoption placements and medical requirements: Somerset County Council v NHS Somerset Clinical Commissioning Group & Ors [2022] EWFC 31

Deprivation of liberty of 16/17 year olds and court applications: KL (a minor: deprivation of liberty) [2022] EWCOP 24

Negligence, human rights and whether a child has a ‘right’ to a care order: AB v Worcestershire County Council & Anor [2022] EWHC 115 (QB)

2021

Deprivation of liberty, complex needs, no suitable placement: A County Council v A Mother & Others [2021] EWHC 3303

Covid vaccine, parental objections, capacity and best interests: Royal Borough of Greenwich v IOSK & Ors [2021] EWCOP 65

Lawfulness of unregistered placements: A Mother v Derby City Council & Anor [2021] EWCA Civ 1867

C (Looked After Child) (Covid-19 Vaccination) EWHC 2993 (Fam)

Unregistered placements, the inherent jurisdiction and non-compliance with the President’s Practice Guidance: Derby CC v CK & Ors [2021] EWHC 2931 (Fam)

Puberty blockers and Gillick competence: Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363

Authorising deprivation of liberty in settings banned by regulations: MBC v AM & Ors (DOL Orders for Children Under 16) [2021] EWHC 2472 (Fam)

Using the inherent jurisdiction to deprive children of liberty in unregulated placements: Re T (A Child) [2021] UKSC 35

Depriving a child of liberty in an inappropriate setting: Wigan BC v Y [2021] EWHC 1982 (Fam)

Residential placements and the right to manifest one’s religion: A and B (Minors: placement, faith) [2021] EWHC 455 (Admin)

Assessing a child’s needs for Mental Health Act aftercare: R (AK) v London Borough of Islington [2021] EWHC 301 (Admin)

2020

Covid-19 and adjournment of care proceedings: Lancashire County Council v M (COVID-19 Adjournment Application) (Rev 1) [2020] EWFC 43

Covid-19 and rights to a fair trial in care proceedings: C (Children: Covid-19: Representation) [2020] EWCA Civ 734

Covid-19 and contact with children in care: D-S (Contact with Children in Care: Covid-19) [2020] EWCA Civ 1031

Deprivation of liberty and transport: Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam)

Capacity to accept or refuse care, support and education: A Local Authority v GP [2020] EWCOP 56

2019

Deprivation of liberty and parental consent: Re D (A Child) [2019] UKSC 42

2018

Response to parent’s application to discharge a care order: GM v Camarthenshire County Council & LLM [2018]

Deprivation of liberty involving children: Re A-F (Children) [2018] EWHC 138 (Fam) and Re A-F (Children) (No.2) [2018] EWHC 2129 (Fam)

Special guardianship orders or care orders: Re P-S Children [2018]

Older significant cases

Transferring care proceedings abroad – best interests analysis: Re N [2016]

Section 7 reports – judicial guidance: D v E [2016]

Pre-birth planning and interim care orders – judicial guidance: Nottingham CC v LM and others [2016]

Supporting parents with learning disabilities: Re D (a child) (no. 3) [2016]

Deprivation of liberty: AB (a child) [2015]

Habitual residence: SR (a child) [2015]

Older significant cases continued

Meaning of “nothing else will do” in adoption cases: Re M-H (a child) [2014]

Traveller children and section 17 support: R (on app of J) v Worcestershire County Council [2014]

Deprivation of liberty: the Cheshire West case [2014]

Evidence for adoption plans, balance sheets: Re B-S (children) [2013]

Adoption – “nothing else will do”: Re B (a child) [2013]

Previous removal of parents’ other children: F (children) [2010]

Emergency protection orders: Re X [2006]

Supervision orders: Re O [2001]

Add item to CPD Log (SWE)

Title *
Case law hub

Date *
17-11-2024 (dd-mm-yyyy)

Learning or development activity, resource or URL
https://www.ccinform.co.uk/knowledge-hubs/case-law-hub/

Learning

Use the boxes below to record what you have learned from this activity. The form below replicates that used by Social Work England in your online account, so that when you need to renew your registration each year, you can easily transfer examples of CPD. Everything you write will be stored in your My CPD log on CC Inform. You can return to each piece of CPD and edit or add to it at any time - for example, if you reflect on it with a peer. You can export all the information as a Word file and copy it into Social Work England's form for the pieces you choose to submit during renewal, and print it off for other uses - for example, in supervision or peer reflection.

1. Describe what you have learnt from doing this CPD activity. (Social Work England recommend that you write 250-500 words, and they say that you may want to refer to the CPD standard 4.1-4.8 - see below.)

Word count: 0

2. Reflect on and describe the positive impact the CPD has had (or will have) on your practice and the people you work with.

This could be people with lived experience of social work, colleagues, or students. If you are not currently working, or not in direct practice, you could think about how your CPD activity might benefit people you come into contact with or the profession as a whole. (Social Work England recommend you write about 250 to 500 words).

Word count: 0

3. Describe what you have learnt from discussing this CPD activity with a peer

This is an optional question. By answering it for at least one of your pieces of CPD, you will meet Social Work England's requirements to record one piece of CPD with a peer reflection during the registration year. You are expected to write at least 250 words.

Social Work England say: "Peer reflection means that you have discussed the content of your CPD activity with a peer, your manager or another professional.

This discussion can be informal or formal, and can take place in one to one or group settings. The role of the peer is not to approve your learning but to support and help you to think about how you can improve your practice. When discussing your CPD with a peer, you should talk about what you have learnt from doing the CPD and the positive impact the CPD activity has had (or will have) on your role, practice and the people you work with".

Read more guidance from the regulator about peer reflection here

Word count: 0

4. Which parts of the CPD standard have you met by doing this activity? By going through the recording process, you will automatically meet standards 4.6 and 4.7. You can use the box below to note the other standards you have met with this piece.

4.1 Incorporate feedback from a range of sources, including from people with lived experience of my social work practice.
4.2 Use supervision and feedback to critically reflect on, and identify my learning needs, including how I use research and evidence to inform my practice.
4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement.
4.4 Demonstrate good subject knowledge on key aspects of social work practice and develop knowledge of current issues in society and social policies impacting on social work.
4.5 Contribute to an open and creative learning culture in the workplace to discuss, reflect on and share best practice.
4.6 Reflect on my learning activities and evidence what impact continuing professional development has on the quality of my practice.
4.7 Record my learning and reflection on a regular basis and in accordance with Social Work England's guidance on continuing professional development.
4.8 Reflect on my own values and challenge the impact they have on my practice.

For more information, see Social Work England’s guidance on CPD.

Add item to CPD Log (SCW)

Title * Case law hub

Date * 17-11-2024 (dd-mm-yyyy)

URL https://www.ccinform.co.uk/knowledge-hubs/case-law-hub/

Learning Use the boxes below to record what you have learned from this activity. Everything you write will be stored in your Inform account and you can export all the information as a Word file or print it off. When you have to renew your social work registration with Social Care Wales, you can include this as evidence of continuing professional development.

1. What have you learned from this activity?

2. How has it contributed to your practice?

3. How much time have you spent on this activity?

4. Next steps (any additional learning you need in this area)?

For more details, visit Social Care Wales

Citation

Full Harvard reference for this document:

() Case law hub. Knowledge Hubs.
Community Care Inform
[online]
https://www.ccinform.co.uk/knowledge-hubs/case-law-hub/
[accessed: 17 November 2024]

If you are directly quoting the author's own words from this document you must acknowledge that they are not your own words by putting them within quotes marks, reference the source in the text and then provide the full reference at the end of the document. For example:

In the text: Brackenbridge argues that "[t]he interpersonal dynamics of sexual abuse in sport are similar to those in other settings but exacerbated by some key situational differences" (Brackenbridge, 2008).

Full reference to insert at the bottom of the document: Brackenbridge, C. (2008) Child Protection in Sport. Guide. Community Care Inform Children [online]. Available at: https://www.ccinform.co.uk/articles/2008/02/22/1973/Child+protection+in+sport.html [accessed: INSERT DATE HERE (eg 25 November 2015)]