In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by tracey

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015