ABSTRACT
Who usually decides this? When the child is very young, it is usually the child’s family. In the event of a dispute, it will be the courts if the case is taken to them, disagreements often occurring either between parents or between the parents and a third party such as a doctor or some other professional who has been looking after some aspect of the child’s life, such as a teacher or educational specialist, or if there is uncertainty over the scope of the court’s jurisdiction. If a wardship application is made, then as long as this is in force, no major decision can be made with regard to the child’s welfare and upbringing without court approval or until a court hearing has taken place or until 21 days has elapsed from the date of the order. (a) Wardship v inherent jurisdiction
The English courts may consider children cases under their wardship jurisdiction or under their inherent jurisdiction. The court’s inherent jurisdiction includes the court’s wardship powers. The key difference under the CA 1989 (effective since 14 October 1991) is that local authorities can no longer apply for a wardship order for a child as a matter of course or as a means of appeal if they have had an application for another order refused. Under the CA 1989 they have to show why they are invoking the court’s inherent jurisdiction, and must establish that they cannot achieve what they are trying to achieve for the child by using any other available order.
