Welfare guardian meaning

Leicestershire County Council v Mother and others [2023] EWFC 174 What are the practical implications of this case? This judgment explored whether permanence for children can be secured through long‑term foster care and which considerations should guide the court when setting long‑term fostering against adoption. To make a placement order and allow a local authority to place a child for adoption, the court must be satisfied that nothing else will do; adoption is the avenue of last resort. The court confirmed that, where a placement is stable, long‑term fostering amounts to a permanent outcome and, in this matter, was the most fitting solution. In reaching its conclusion, the court surveyed key authorities and statutory provisions, including: Devon County Council v EB and others (Minors ) [2013] EWHC 968 (Fam) Re B (A Child) [2013] UKSC 33, [2013] 2 FLR 1075 Section 1(3) of the Children Act 1989 (ChA 1989) and the welfare checklist Sections 1(4) and 52(1) of the Adoption and...

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In this issue: Private children Public children Financial provision International children New content Updated content Daily and weekly news alerts Useful information Private children Appeal against finding of fact (Re: A (A Child) (Appeal: Finding of Rape)) In Re: A (A Child) (Appeal: Finding of Rape) [2025] EWHC 1500 (Fam), the High Court considered a father’s appeal against findings of fact, centred on an allegation of rape. The case involved two children, with the paternity of the younger in dispute. The mother maintained the relationship ended following an alleged rape, which she said took place two months before the conception of the child at the heart of the disagreement. The court below held that the father was the child’s biological parent and also concluded that he raped the mother while she was asleep on 30 August 2022. The mother had earlier asserted that the claimant was not the child’s father, further complicating contact arrangements. Permission...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

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...

Practice Note On 31 January 2018, the Scottish Government opened a consultation on potential reform of the . This was followed by the Scottish Mental Health Law Review, issued in September 2022. In July 2024, the Scottish Government released proposals for an Adults with Incapacity Amendment Act (see here), which remain out for consultation. It is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has signalled that broader reform of the Adults with Incapacity regime will be explored within a Work Programme running to 2030. No fresh legislation is anticipated before the Scottish Parliament is dissolved in May 2026. This Practice Note considers the (AI(S)A 2000), the statute that sets the framework for safeguarding welfare and managing finances for people in Scotland aged over 16 who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means being unable to act, make choices, communicate, or understand such choices. It can also extend...