Source: All England Reporter
Publisher Citation: [2005] All ER (D) 148 (Nov)
Neutral Citation: [2005] EWCA Civ 1329
Court: Court of Appeal, Civil Division
Judge:

Laws and Wall LJJ

Representation Robin Toulson QC for the mother.
  Stephen Cobb QC and Judi Evans for the guardian.
  Stephen Cobb QC and Elizabeth Hudson for the local authority.
Judgment Dates: 10 November 2005

Catchwords

Family proceedings - Orders in family proceedings - Care order - Application to discharge care order - Whether court having power to substitute interim care order - , s 39.

The Case

A judge hearing an application to discharge a care order under s39 of the did not have the jurisdiction, if he decided to discharge it, to substitute an interim care order. Section39(4) plainly defined and limited the court's jurisdiction. The only order which could be substituted for the care order was a supervision order.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.