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Inadequate foundations

Noel Arnold reminds practitioners of some of the fundamental principles of advancing with evidence, complying with directions, and considering all options

7 April 2015

Re A (A Child) [2015] EWFC 11 is an important judgment from the president of the Family Division, which public law practitioners should be aware of (see also page 27).

The first anniversary of the Children and Families Act 2014 (CFA 2014) is approaching, and not long after it received royal assent the time limit provisions for part 4 proceedings came into
force. The 26-week time limit within which care proceedings must be concluded (unless an extension is granted) continues to provoke disquiet from some quarters.

Naturally, a local authority (LA) seeking to
obtain a care order must ensure that the evidence it presents and relies on is of the highest quality. Those representing respondent parents and the solicitor for the child must digest and critique the LA’s evidence at the outset, because if they wish to ask the c...

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