K (A Child)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Thorpe,Lord Justice Wall,Mr Justice Hedley |
| Judgment Date | 12 June 2007 |
| Neutral Citation | [2007] EWCA Civ 697 |
| Docket Number | Case No: B4/2007/1160 |
| Court | Court of Appeal (Civil Division) |
| Date | 12 June 2007 |
[2007] EWCA Civ 697
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM PETERBOROUGH COUNTY COURT
(HIS HONOUR JUDGE YELTON)
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Thorpe
Lord Justice Wall and
Mr Justice Hedley
Case No: B4/2007/1160
Miss R Foulkes (instructed by Messrs Bowser Ollard & Bentley) appeared on behalf of the Appellant.
Mr I Martignetti (instructed by Peterborough City Council) appeared on behalf of the Respondent.
This application brought in at short notice by my Lord raises a very small point that arises out of a judgment given by HHJ Yelton sitting in the Peterborough County Court on 25 May 2007. As he said in his judgment he was deciding an application under Section 38(6) of the Children Act 1989 for an assessment. The application was brought by the mother of I, the only child with whom the judge was concerned. I was born on 12 November 2006 and what the mother sought was a two-day assessment by a local specialist resource, Family Care. On the first day they would see the mother from ten in the morning to three in the afternoon and the same hours of attendance for her on the second day, but augmented by I's attendance for a couple of hours in the mid-morning.
Now the application was argued below by Miss Foulkes, who appears today to support her application for permission and to pursue any subsequent appeal. Mr Martignetti appears for the local authority and the guardian has helpfully submitted a written skeleton in which he supports the local authority's submission that this is not a case in which permission should be granted and further, if contrary to that submission permission were granted, not a case in which the appeal should be allowed.
The local authority seek a care order in respect of this very young child and in their final care plan, which was only completed yesterday, they say:
“In the light of the assessments undertaken within these proceedings in respect of the birth mother and the birth father which the Local Authority have relied upon, Local Authority indicated that it did not propose to undertake any further assessment of the parents because of their reluctance to address fundamental issues, such as the volatility of their relationship and substance misuse.
“This position was supported by the Guardian and subsequently endorsed by the judge on 25 May 2007 when the mother's application for further assessment was refused.”
That...
To continue reading
Request your trial
-
L (A Child)
...to two authorities, Re B (Care Proceedings: Expert Witness) [2007] EWCA Civ 556, [2007] 2 FLR 979(Re B) and Re K (Care order) [2007] EWCA (Civ) 697, [2007] 2 FLR 1066 ( Re K). They are authorities which are well-known to judges and are often relied upon in support of applications for assess......
-
TL v Hammersmith and Fulham London Borough Council and Others
...[2006] 1 FLR 601. J (a child) (care proceedings: assessment), Re[2009] EWCA Civ 1210, [2010] 1 FLR 1290. K (a child) (care order), Re[2007] EWCA Civ 697, [2007] 2 FLR L (children) (care order: residential assessment), Re[2007] EWCA Civ 213, [2007] 3 FCR 259, [2007] 1 FLR 1270. M (a child) (......
-
Re T (Residential Parenting Assessment)
...to separate is recently stated and the key issue now becomes her capacity to do that." 85 The next authority is Re K (Care Order) [2007] EWCA Civ 697, decided two months later. The mother there sought an order under section 38(6) for a two day assessment of her parenting by a local speciali......
-
T (A Child)
...to be advanced. In this regard Miss MacLynn drew to the attention of the circuit judge the decision of this court in Re K (Care Order) [2007] EWCA Civ 697, [2007] 2 FLR 1066. The appeal in that case was not a second appeal and, in reversing the decision of a circuit judge to refuse an appli......