Jurisdiction(s):
United Kingdom

Care proceedings designation: ordinary residence, hospital stays generally not disregarded, and newborn’s residence usually following the mother under Children Act 1989 s 105(6) (England and Wales)

Published on: 20 January 2025

Published by a LexisNexis Local Government expert

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Article summary

Calderdale Metropolitan Borough Council v Cheshire East Borough Council and others [2024] EWCA Civ 1565 What are the practical implications of this case?

It was observed in the judgment that much of the appeal revisited issues already addressed. Nonetheless, fresh matters were examined at paras [48] and [49] and at paras [64]–[73], concerning the construction of ‘institution’ in section 105(6) of the Children Act 1989 (ChA 1989). Distinct from the appeal grounds, the court also set out helpful ‘points of general application’ drawn from earlier authorities on designation (para [46]). The court stopped short of a conclusive ruling on whether a hospital is an institution, but the clear inference was that it is not. That approach aligns with the observations of Lord Justice Thorpe in C (A Child) v Plymouth County Council [2000] 1 FLR 875. Cobb J further recorded that ChA 1989, s 105 contains no express mention of a hospital, despite ‘hospital’ appearing frequently elsewhere in the Act (para [48]). It follows that, had Parliament intended hospital admissions to be disregarded, it would have said so expressly. As to the child’s ordinary residence, it was determined that he...

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