- Cited — J & Ors (Children: Interim Removal), Re 2023-11-03
“…[2022] UKSC 17 (per Dame Siobhan Keegan at paragraph 45) it is a “longstanding proposition of English childcare law that the aim must be to make the least interventionist pos…”
- Cited — ADA (Children: Care and Placement Orders) 2023-06-29
“…o the instability of B’s situation in foster care. The judge did not properly perform the balancing exercise mandated by the Supreme Court in Re H-W (Children) [2022] UKSC 17, [2022] WLR 3243 at paragraphs 59-62, but focused entirely on the disadvantages associated with rehabilitation.…”
- Cited — ADA (Children: Care and Placement Orders) 2023-06-29
“…[2022] UKSC 17…”
- Cited — E (A Child) (Care and Placement Orders) 2023-06-27
“…g that the obligation to intervene only when necessary and proportionate is discharged. The guidance was summarised and endorsed by the Supreme Court in Re H-W [2022] UKSC 17, [2022] 1 WLR 3243. In a judgment with which other members of the Court agreed, Dame Siobhan Keegan cited from the judgment of Sir James Munby P in Re B-S (Chi…”
- Cited — K and L (Children: Fairness of Hearing) 2023-06-20
“…“The recent decision of the Supreme Court in H-W (Children) [2022] UKSC 17 underlines that a decision leading to adoption, or to an order with similarly profound effects, requires the rigorous evaluation and comparison of all the real…”
- Cited — N (Refusal of Placement Order) 2023-04-05
“…his 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
“…In Re H-W (Children) [2022] UKSC 17, the Supreme Court endorsed the approach outlined in paragraphs 50 and 54 of Re G. At paragraph 47, Dame Siobhan Keegan said:…”
- Cited — Re C & Ors (Care Proceedings: Adequacy of Reasons) 2023-03-30
“…“The recent decision of the Supreme Court in H-W (Children) [2022] UKSC 17 underlines that a decision leading to adoption, or to an order with similarly profound effects, requires the rigorous evaluation and comparison of all the real…”
- Cited — Re H-W (Care proceedings: Further fact-finding hearing) 2023-02-21
“…n the subject of an appeal to this Court (Re H-W (Children: Proportionality) [2021] EWCA Civ 1451) and thence to Supreme Court (In the Matter of H-W (Children) [2022] UKSC 17). As a result of our decision on the present appeal, there will be yet further delay before the proceedings are concluded. It is inevitable that by the time th…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…[2022] UKSC 17. But this latter exercise can generally be completed reasonably succinctly.…”
- Cited — Re C (Surrogacy: Consent) 2023-01-16
“… In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911 at paras. 36, 83-90 and 136; In the matter of H-W (Children) (No 2) [2022] UKSC 17, [2022] 2 FLR 533 at para. 48. However, that approach is not apt in a case where the appeal has been brought so late. This court should carry out its own asses…”
- Cited — Re CV (A Child) (Placement Order) 2022-07-06
“…Very recently, this approach was endorsed by the Supreme Court in Re H-W (Children), Re H-W (Children) (No. 2) [2022] UKSC 17 in which Dame Siobhan Keegan, with whom the other members of the Court agreed, observed (at paragraph 47):…”
- Cited — D (A Child: Placement Order) 2022-06-30
“…The recent decision of the Supreme Court in H-W (Children) [2022] UKSC 17 underlines that a decision leading to adoption, or to an order with similarly profound effects, requires the rigorous evaluation and comparison of all the real…”