H-L (children: summary dismissal of care proceedings)

Family Proceedings – Orders in family proceedings. In an appeal from a decision dismissing care proceedings in respect of two children at an interim stage and recommending private proceedings as a means of resolving the issues, the Court of Appeal, Civil Division, allowed the local authority and the Children's Guardian's appeal. It held that the trial judge should have affirmed that the threshold was to be approached from the perspective of the children. Further, the judge should have appreciated that delay in bringing proceedings, however lamentable, could not, of itself, be determinative of the threshold under the Children Act 1989.

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