Source: All England Reporter
Publisher Citation: [2002] All ER (D) 124 (Oct)
Court: Family Division

Dame Elizabeth Butler-Sloss P

Representation Nicholas O'Brien for the grandmother.
  Sorrell Dixon for the mother.
  Timothy Compton for the local authority.
  John Tughan for the child's guardian.
Judgment Dates: 9 October 2002


Family proceedings - Orders in family proceedings - Care order - Magistrates failing to make findings in respect of threshold criteria - Whether magistrates erring in decision - ss 31, 34.

The Case

Although a family proceedings court had taken the wrong approach when making a care order, the High Court was not convinced that any other conscientious family proceedings court would have come to a different conclusion. The decision was lawful, necessary and proportional to the facts of the case.

Practice Areas

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