Legal Update: New Guidelines for the Conduct of Care Proceedings

Abstract

Re CB and JB (care proceedings: case conduct)[1998] 2 FCR 313 Family Division, Manchester. Wall J.

Care proceedings were brought in respect of twins who were born in February 1996. It was alleged that one of them had been the victim of two shaking episodes, whilst in the care of their parents. In February 1998, a care order was made and the children were freed for adoption. The facts of the case were very simple, the only factual issue being which parent had inflicted the child's injuries. Care proceedings were commenced in November 1996 and the substantive hearing took place in February 1998; a large number of expert opinions had been sought; the legal advisers had not worked towards clarifying the issues. The judge, Mr Justice Wall, was highly critical of the conduct of the case and made a number of recommendations.