Source: All England Reporter
Publisher Citation: [2011] All ER (D) 245 (Oct)
Neutral Citation: [2011] EWCA Civ 1818
Court: Court of Appeal, Civil Division

Ward, Etherton and Pitchford LJJ

Representation Alison Ball QC for the local authority.
  Rachel Langdale QC for the uncle.
  Judy Rowe QC and Taryn Lee for the father.
  Jacqui Thomas for the children by their guardian.
Judgment Dates: 13 October 2011


Family proceedings - Orders in family proceedings - Parties to proceedings - Local authority commencing care proceedings - Children making allegations of sexual and physical abuse against uncle - Uncle being joined as intervener - Local authority seeking findings against uncle - Further allegations of sexual abuse being made against uncle - Judge ordering discharge of uncle as intervener - Local authority appealing - Whether case against uncle peripheral.

The Case

Family proceedings Orders in family proceedings. Following allegations of sexual abuse made against the uncle of children the subject of care proceedings, the Court of Appeal, Civil Division, held that the judge was entitled to regard the case against the uncle as peripheral and discharge him as an intervening party to the care proceedings.

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