Brendan Roche was instructed by the childrens’ guardian in a significant case on the jurisdiction of the Family Court, namely Re Q (Child: Interim Care Order: Jurisdiction) [2019] EWHC 512 in which Mrs Justice Knowles decided, contrary to the submissions of the local authority and accepting the arguments of the respondents including the children’s guardian, that it is not possible for an interim care order or an interim supervision order to subsist after the subject child has reached his or her seventeenth birthday (or sixteenth birthday in the case of a child who is married).
In doing so, she rejected the obiter dicta of Mr Justice Williams in Re A (Wardship: 17-Year-Old: Section 20 Accommodation) [2018] EWHC 1121 (Fam). She also held, however, that when jurisdiction to make interim and final public law orders is no longer available, careful scrutiny of the circumstances of each case is required by the court in order to discern whether the proceedings themselves lack merit and whether it is proportionate and in the child’s welfare interests for them to continue.
There will be some cases where a useful forensic and welfare-driven purpose might be served by the continuation of public law proceedings albeit without the structure provided by interim public law orders.
For help or advice please call +44 (0)20 7242 3555 or complete the form below
A member of the Clerking team will help you resolve your request.
Frequently asked questions
Do you have an out of hours number?
Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.
How can I find out whether 7BR can take my case?
As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.
Will my barrister deal with all the correspondence?
Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.
How do I instruct a barrister?
Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.
