Re J (A Minor) (Specific issue order)
| Jurisdiction | England & Wales |
| Judgment Date | 21 February 1995 |
| Date | 21 February 1995 |
| Court | Family Division |
Family Division
Children - jurisdiction - specific issue order - challenging local authority decision
The court had no jurisdiction under the Children Act 1989 to make a specific issue order compelling a local authority to provide support services on behalf of a child.
Mr Justice Wall so stated in a chambers judgment in the Family Division on February 14 at Lewes reported with consent when refusing leave to J to seek a specific issue order.
MR JUSTICE WALL said that it was clear that Parliament intended that the exercise of the local authorities' powers and duties under Part III of the 1989 Act should not be the subject of judicial scrutiny except by means of judicial review. The local authority alone was empowered to make the decision.
Whether a child was in need did not raise a specific question relating to any aspect of parental responsibility for the child. An order made under section 8 of the 1989 Act was inapplicable to the exercise of the local...
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