Re S (A Child) & Anor (s 20 Accommodation) [2023] EWCA Civ 1

Deirdre Fottrell KC (leading Joan Connell), acting for the appellant and instructed by Taylor Rose MW, was successful in the case of Re S (A Child) and Re W (A Child) (s 20 Accommodation) in the Court of Appeal. Emily James acted pro bono for the father, she was instructed by Philcox Gray solicitors who were also pro bono. 

The case required the Court to clarify the interplay between s.20 and s.31 Children Act 1989 and is an important new decision on this question. In words from the judgment of Lady Justice King, 'no court has hitherto considered the use of a section 20 order in this type of situation and it is hoped that this appeal will have served to fill that gap'.

Full Judgment

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