Care and supervision orders

Procedure

Under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, provision is made by FPR 2010, PD 12A (the Public Law Outline (PLO)) for a tightly managed case management system in relation to proceedings under Part IV of the Children Act 1989 (ChA 1989) including:

  1. pre-proceedings checklists

  2. annex documents

  3. advocates' meetings

  4. case management hearings

  5. issues resolution hearings, and

  6. directions

See Practice Note: Public law children procedure—Public Law Outline.

Local authority duties

ChA 1989 provides for local authority social services departments to be responsible for making sure that children are safe and appropriately cared for by their parents or a person looking after them. Local authorities also have a general duty of care to promote the well-being of children in their area and are responsible for investigating any child in their area where they have cause to suspect the child is suffering, or is likely to suffer, significant harm.

Typically a local authority may start an investigation where:

  1. it is directed to do so by the court

  2. there is a persistent

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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