“…on in England and Wales. This was the subject of comment and expressions of concern by this court last year in the decision in Re T (A Child) (ALC Intervening) [2018] EWCA Civ 2136. In preliminary remarks at the beginning of his judgment, Sir Andrew McFarlane P observed:…”
“…. As I have already noted, the use of the inherent jurisdiction for such a purpose has recently been approved by this court in Re T (A Child) (ALC Intervening) [2018] EWCA Civ 2136. In Re A-F (Children)(Restrictions on Liberty) [2018] EWHC 138 (Fam), Sir James Munby P, in a series of test cases, set out the principles to be applied. It is…”
“…16, above) at [24] this court accepted as “plainly right” an uncontested submission that any order must be necessary and proportionate. However, in T (A Child) [2018] EWCA (Civ) 2136 at [16], Sir Andrew McFarlane P noted that the ambit within which it is possible, if at all, for the court to exercise discretion where the qualifying criteria…”