Skip to main content

F (Children) [2010] EWCA Civ 826

The link is to an appeal in the court of appeal against care orders. The underlying case is important as it is one of the multiple removal ones.

Even though the appeal allowed an ISW this still does not allow ISW assessments as of right.

The basis of the appeal was that an initial appeal should have been heard as an appeal rather than a merits review.

One paragraph is worth looking at:
11. This is a bizarre procedural history and has led to what seems to me to be a fundamentally unsatisfactory conclusion, namely that two judges in the same court in the same week have reached diametrically opposite conclusions on the same material.


Sadly that is the nature of the family courts. It is judge dependent rather than being a form of law that can be understood outwith the judicial process.

That isn't good, but that is the way it is. The first step towards getting it right is to recognise when it is wrong.

Comments

Popular posts from this blog

Why are babies born young?

Why are babies born young? This sounds like an odd question. People would say "of course babies are born young". However, this goes to the core of the question of human (or animal) development. Why is it that as time passes people develop initially through puberty and then for women through menopause and more generally getting diseases such as sarcopenia, osteoporosis, diabetes and cancer, but most of the time babies start showing no signs of this. Lots of research into this has happened over the years and now I think it is clear why this is. It raises some interesting questions. Biological youth is about how well a cell functions. Cells that are old in a biological sense don't work that well. One of the ways in which cells stop working is they fail to produce the full range of proteins. Generally the proteins that are produced from longer genes stop being produced. The reason for this relates to how the Genes work (the Genome). Because the genome is not gettin...