- The contents of this judgment shame Cardiff City Council—Local authority in contempt of court (JS v Cardiff City Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The Honourable Mrs Justice Steyn DBE found the defendant local authority in contempt of court for its failure to comply with the terms of a mandatory injunction. The defendant had been required to complete future placement planning and produce a care and support plan for the claimant. The breach of the court order came against a background of breached undertakings due to the defendant’s long-standing difficulties in organising a placement suitable for the claimant’s needs. The judgment provides a useful overview of the approach in contempt proceedings when the contemnor is a public body. It includes a discussion of the matters which are relevant when considering breach, those which only go to penalty, and the question of whether a ‘threshold test’ applies. The public admonishment of the defendant also serves as a stark reminder of the importance of compliance with court orders. Written by Owain Rhys James, barrister and Crash Wigley, pupil barrister, both of Civitas Law.
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