Ward of Court in UK Law

Leading Cases
  • M (Children)
    • Family Division
    • 20 May 2015

    I merely observe that cases such as this demonstrate the continuing need for a remedy which, despite its antiquity, has shown, is showing and must continue to show a remarkable adaptability to meet the ever emerging needs of an ever changing world. I add that the use of the jurisdiction in cases where the risk to a child is of harm of the type that would engage Articles 2 or 3 of the Convention – risk to life or risk of degrading or inhuman treatment – is surely unproblematic.

  • Re C (A Minor) (No. 2) (Wardship: Publication of Information)
    • Court of Appeal (Civil Division)
    • 26 Apr 1989

    The origin of the wardship jurisdiction is the duty of the Crown to protect its subjects and particularly children who are the generations of the future. It is exercised by the courts on behalf of the Crown (see per Latey J. in In re "X" (a Minor) (1975) Fam. 47, 52). The machinery for its exercise is an application to make the child a ward of court. Obvious examples are orders forbidding the publication of information about the ward or the ward's family circumstances.

  • Re L. (an Infant)
    • Court of Appeal (Civil Division)
    • 15 Nov 1967

    It derives from the right and duty of the Crown as parens patriae to take care of those who are not able to take care of themselves. The Crown delegated this power to the Lord Chancellor, who exercisedit in his Court of Chancery. Even if there was no property and the child was not a ward of court, nevertheless the Court of Chancery had power to interfere for the protection of the infant by making whatever order might be appropriate.

  • Re W (Wardship: Discharge: Publicity)
    • Court of Appeal (Civil Division)
    • 08 Mar 1995

    I accept that the representation of children in family proceedings, and the role of the Official Solicitor, are matters of public interest which can and should be discussed publicly. I also accept that a boy of 15 may be sufficiently mature to be able to speak directly to, and be interviewed by, representatives of the press or broadcasting media.

  • Re SA (Vulnerable Adult with Capacity: Marriage)
    • Family Division
    • 15 Dec 2005

    As I have said, the court exercises what is, in substance and reality, a jurisdiction in relation to incompetent adults which is for all practical purposes indistinguishable from its well-established jurisdiction in relation to children. There is little, if any, practical difference between the types of orders that can be made in exercise of the two jurisdictions. The main difference is that the court cannot make an adult a ward of court.

  • Re F. (orse. A.) (A Minor) (Publication of Information)
    • Court of Appeal (Civil Division)
    • 14 Oct 1976

    As I read the section, what is protected from publication is the proceedings of the courts in all other respects the ward enjoys no greater protection against unwelcome publicity than other children. If the information published relates to the ward, but not to the proceedings, there is no contempt; as Mr. Justice North commented in Martindale's case, there would have been no contempt in that case had the newspaper confined its report to the fact of the ward's marriage.

  • Re Mohamed Arif (an Infant)
    • Court of Appeal (Civil Division)
    • 12 Mar 1968

    When an infant becomes a ward of court, control over the person of the infant is vested in the Judges of the Chancery Division of the High Court, It is for the Judge to say by order from time to time where the ward is to reside and with whom, and disobedience to such an order is con tempt of court by anyone who knowingly breaches or is party to a breach of that order.

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Legislation
  • Family Law Reform Act 1969
    • UK Non-devolved
    • January 01, 1969
    ......(which defines the courts having jurisdiction to consent to the. marriage of an infant)— .   . ( ...under that age’. S-6 . Maintenance for wards of court. 6 Maintenance for wards of court. . (1) In this section ......
  • Child Abduction Act 1984
    • UK Non-devolved
    • January 01, 1984
    ...... .   . ( b . ) there is in force an order of a court in England or Wales. awarding custody of the child to him, whether solely. ...Ireland making the child a ward of court;. .   . ( b . ) if there is in respect of the child an order ......
  • Law Reform (Miscellaneous Provisions) Act 1949
    • UK Non-devolved
    • January 01, 1949
    ...... charge and payment of percentage under the Lunacy Act, 1890, and to wards of court; and for purposes connected therewith. [16th December 1949]. Be ......
  • Family Law Act 1986
    • UK Non-devolved
    • January 01, 1986
    ...... An Act to amend the law relating to the jurisdiction of courts in the United Kingdom to make orders with regard to the custody of ...jurisdiction relating to wardship so far as it gives the. care and control of a child to any person or ......
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Books & Journal Articles
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Law Firm Commentaries
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