- Cited — N (Refusal of Placement Order) 2023-04-05
“…ements pertaining to the child’s welfare, in short where nothing else will do”, per Baroness Hale of Richmond in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075 at paragraph 198. A judge determining an application for a placement order must therefore carry out a rigorous analysis and deliver a reasoned judgment. The ke…”
- Cited — N (Refusal of Placement Order) 2023-04-05
“…d issue, the approach to be adopted by this Court is clearly delineated by the decisions of the Supreme Court in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075 and Re H-W (Children) [2022] UKSC 17, as summarised by Dame Siobhan Keegan at paragraph 49 of the latter case:…”
- Cited — Re C & Ors (Care Proceedings: Adequacy of Reasons) 2023-03-30
“… paragraph 134. In turn, the Supreme Court addressed the question of the proportionality of an adoption order in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075, where Lord Neuberger (at paragraph 104) endorsed…”
- Cited — RE A (CHILDREN) (POOL OF PERPETRATORS) 2022-10-17
“…For example, in Re B (A Child) [2013] UKSC 33, [2013] 2 FLR 1075, the Supreme Court unanimously rejected any gloss on the test set out in CPR 1998, r 52.21(3)(a) that an appeal is to be allowed where the decision of the lowe…”
- Cited — Re CV (A Child) (Placement Order) 2022-07-06
“…sions in care proceedings is clearly established by case law, in particular the decision of the Supreme Court in Re B (Care Proceedings: Appeal) [2013] UKSC 13 [2013] 2 FLR 1075 and the subsequent series of decisions of this Court of which Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Civ 965 and Re B-S (Children) (…”
- Cited — L (A Child: Step-Parent Adoption) 2021-05-26
“…that the test in a step-parent adoption is lower. It is not an order of last resort and the ‘nothing else will do’ test found in Re B (a child) [2013] UKSC 33, [2013] 2 FLR 1075, at [104], [130], [198], [215] (‘Re B’) is not the correct test. The fact that the interference of a step-parent adoption is less extreme may render adoption p…”
- Approved — M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) 2021-03-26
“…ldren Act 1989: Guidance and Regulations (Volume 1, Court Orders) (HMSO 1991)), as approved by Baroness Hale in Re B (Care Proceedings: Appeal) [2013] UKSC 33; [2013] 2 FLR 1075 at [185]. As Ms Cabeza says, it does not mean trivial or unimportant, and neither does it mean exceptional, immense, or insurmountable.…”
- Cited — C (Revocation of Placement Orders) 2020-11-27
“…ns of the European Court, the Supreme Court addressed the question of the proportionality of an adoption order in Re B (CareProceedings: Appeal) [2013] UKSC 13 [2013] 2 FLR 1075. In the Supreme Court’s judgment, Lord Neuberger, at paragraph 104 endorsed…”
- Cited — Nottinghamshire County Council v SF And GD (Rev 1) 2020-03-03
“…ase. It is apt to recollect that the test formulated by the Supreme Court in Re B (a child) (care order: proportionality: criterion for review) [2013] UKSC 33, [2013] 2 FLR 1075in relation to family proceedings is just as applicable to tribunal proceedings. At [53] in the judgment of Lord Neuberger PSC the principle is described in the…”
- Explained — C (A Child : Interim Separation) 2020-02-26
“…ourt will not interfere. Why this is so was explained by Lord Wilson in Re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911, [2013] 2 FLR 1075. In discussing appeals from decisions made in care proceedings, he said this at [42]:…”