Care order meaning

The impact bankruptcy and divorce proceedings have on one another How bankruptcy intersects with divorce has been examined in a raft of decisions in both the bankruptcy jurisdiction and the family courts. Regrettably, it is far from rare for a bankruptcy to be underway whilst a divorce is progressing, and running the two together can produce clashes over how assets are apportioned. Such concurrent proceedings often bring the division of property into sharp focus, as priorities compete. The family court, for its part, aims to make a property adjustment order, assessing, among other factors, the future needs of the spouses and any children; by contrast, the bankruptcy court divides the assets with creditors’ interests placed foremost in the decision-making. This possible tension must be weighed with care, and, in practice, the key issue is timing: when the bankruptcy was commenced compared with the date a property adjustment order was made. This checklist and timeline outlines the effect each step in bankruptcy can have on ancillary relief proceedings within a...

Search orders Formerly known as Anton Piller orders, search orders are frequently made in conjunction with a freezing order and permit an applicant to attend at the respondent’s premises to search for and safeguard evidence that might otherwise be disposed of, concealed, or destroyed. The order may only be served by a supervising solicitor and is subject to very strict requirements as set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The adoption of Anton Piller relief, now codified within FPR 2010 as search orders, gained prominence in family proceedings through two authorities on disclosure and self‑help (L v L and Tchenguiz v Imerman; Imerman v Imerman). The courts have issued a firm caution against self‑help in preference to pursuing the proper court‑based remedies; see Practice Note: Procedural aspects of disclosure in financial proceedings—Disclosure of documents belonging to the other party. Great care should be exercised when drafting the terms of the order. A standard form search order has been produced—see Precedent: Standard order 3.2—search order—family...

This Checklist This Checklist identifies the details that must be included within a Notice of Urgent Award, for submission to the UK central digital platform, in order to meet the transparency obligations prescribed by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 14(5)(b), Sch 13...

The Czech Republic v Diag Human SE and another [2024] EWHC 708 (Comm) What are the practical implications of this case? The judgment offers practical guidance on how the ‘reasonable diligence’ condition in AA 1996, s 73(1) operates. It warns parties in arbitration to remain vigilant to unfolding factual matters that may demand further enquiry, in order to satisfy the ‘reasonable diligence’ requirement and maintain an arguable case that is not rendered time-barred under AA 1996, s 73(1). It also emphasises the elevated duty of care owed by investment arbitration practitioners when advising clients in arbitral proceedings, so as to avoid claims of insufficient diligence in the conduct of jurisdictional challenges before the tribunal. What was the background? ...

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Facts Mr Smith, aged 75, was recently bereaved after a 40-year marriage, having been diagnosed with dementia shortly before his wife passed away. He had already put in place a Lasting Power of Attorney naming his children and made a Will in their favour. He began spending time with his carer, Ms James, aged 34, who has progressively cut him off from relatives and friends. He often says he is busy and, when his family do see him, he appears not to be looking after himself or his home. His relatives are worried about the influence Ms James exerts, though they accept he has been lonely. Their concern heightened when, last week, Ms James declared they were going to marry, yet Mr Smith seems blissfully unaware of any such plan. What action can Mr Smith’s family take to keep him safe? Mental capacity They should first assess whether Mr Smith retains decision- and time-specific mental capacity, explain the situation to him, and seek his agreement to...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...

[ Insert in para 8.2 of claim form ET1: ] On [ insert date ], I was pregnant and, following advice from a registered [ medical practitioner OR midwife OR health visitor ], I booked to attend [ specify hospital or clinic ] for antenatal care on [ insert date ]. I requested time off from my employer to attend the appointment during working hours [ but my employer unreasonably refused my request OR and my employer permitted my attendance yet failed to pay me for my time off ]. My claim is for: 3.1 a declaration that my case is well-founded; 3.2 compensation; 3.3 [ an order requiring the Respondent to pay me the sum of £[ insert amount ] being the remuneration to which I am entitled. ]...

[ Insert address of the [ parent OR guardian ] in the home country ] [ Insert the Home Office address to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Letter of support for [ insert name, date of birth and nationality of child applicant ] I am [ insert name, date of birth and nationality ], the [ father OR mother OR guardian ] of [ insert name of applicant ]. I hereby state my full support for my child’s application for UK immigration permission within the [ insert immigration category ] category. [ Describe how you are responsible for your child’s care, for example jointly with your child’s other parent, solely following the death of your child's other parent, in line with a custody or guardianship order, or as the person with sole responsibility for the important decisions in your child's life ]...

This overview offers general information about public law applications concerning children. Your family solicitor can give tailored guidance for your situation. When a local authority is worried about a child’s wellbeing and steps in within a family, the court can make a range of orders. This guide sets out a concise outline of those orders. It offers general guidance; your family lawyer can give specific advice for your circumstances as to your needs. About care proceedings ‘Care proceedings’ describes the legal route by which a local authority asks the court to permit it to take a young person into its care. Children are only ‘looked after’ by a local authority if the court is satisfied that a child is suffering, or likely to suffer, significant harm due to the care given by parents or carers, or is beyond a parent or carer’s control. What is an interim care order? This is typically the initial stage in court proceedings where social workers have become seriously concerned about...

The young person is now past 18, has finished secondary schooling and is moving on to higher education. The prior maintenance arrangement has now ceased, and the child intends to seek financial provision under Schedule 1 of the Children Act 1989 (ChA 1989) by making their application. Under ChA 1989, Sch 1, a parent, guardian, or special guardian of a child, or any person in whose favour a residence order is in force with respect of a child, may apply for a range of orders for the benefit of a child as provided under Sch 1...

If the court issues a child arrangements order under section 8 of the Children Act 1989 (ChA 1989) directing that a child is to reside with someone other than a parent or guardian, that individual acquires parental responsibility for the child for as long as the order is operative, insofar as it provides for the child to live with them (ChA 1989, s 12(2)). That individual continues to hold parental responsibility under that provision for as long as the provision requiring the child to live with them still remains effective...

The best way to approach this issue The most effective starting point is to identify what the court will need to be persuaded of, namely: that the care order can, and ought to, be brought to an end; and that a special guardianship order may properly be substituted in its place. Whether the care order can and should be discharged turns on how far the difficulty that arose four years ago still persists. If, in truth, the threshold criteria under section 31(2) of the Children Act 1989 are no longer met, the care order can fall away. See Practice Notes: Public children—threshold criteria and Termination, discharge and variation of care and supervision orders...