R (on the application of K) v Crown Prosecution Service

Child – Protection. Police officers sought to a remove a child from the appellant's address into care, purportedly pursuant to powers contained in s 46 of the Children Act 1989. The initiating officer, M, did not attend and had not briefed the other officers. The appellant was convicted of obstructing a police officer, B, in the execution of his duty. She appealed by way of case stated. Dismissing the appeal, the Divisional Court held that the justices had been entitled to conclude that in the circumstances M had been acting lawfully in relying on s 46 of the Act. Further, it had not been essential for M to have explained to the other officers the nature of the significant harm of which he had thought the child had been at risk before B could have sufficient lawful justification for his actions.

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