- Considered — JW (Child at Home under Care Order) 2023-08-04
“…ot been considered on appeal since the important decision of Baker J (as he then was) in Re DE (Child under Care Order: Injunction under Human Rights Act 1998) [2014] EWFC 6; [2018] 1 FLR 1001, which established that, in the absence of a true emergency, if a local authority is intending to use its power under a care order to remove…”
- Applied — JW (Child at Home under Care Order) 2023-08-04
“…oval under the HRA 1998 and/or apply to discharge the care order under CA 1989, s 39. In Re DE (Child under Care Order: Injunction under Human Rights Act 1998) [2014] EWFC 6; [2018] 1 FLR 1001, Baker J, building upon previous High Court authority, held that, unless the need to remove arises as an emergency, a local authority consid…”
- Considered — Re S (Children: Party Status) 2022-12-22
“… that led to the removal. I need not consider whether or not he was entitled to the specific protection of advance notice under the protocol contained in Re DE [2014] EWFC 6; [2015] 1 FLR 1001, as endorsed by this court in Re S[2018] EWCA Civ 2512. It is simply a question of whether the process was fair.…”
- Approved — G (Children) 2019-10-09
“… clear, the power to grant injunctions in these circumstances arises not under the High Court's inherent jurisdiction but under the Human Rights Act: see Re DE [2014] EWFC 6 sub nom Re E (A Child)(Care Order: Change of Care Plan) [2015] Fam 145 approved by this court in Re S [2018] EWCA Civ 2512.…”
- Applied — S (A Child), Re 2018-08-08
“…lication. In particular, should the judge have referred to and applied the protocol in Re: DE(Child) under a Care Order; Injunction under Human Rights Act 1998 [2014] EWFC 6; [2015] 1 FLR 1001 ("Re: DE") relating to cases where a local authority wishes to remove a child to foster care who is currently placed at home under a care or…”