Aidan has been described by Chambers and Partners as the “go-to person” for public law issues, including Human Rights Act claims. He acts for local authorities, parents, interveners and children in the most serious fatal injury, non-accidental injury and sexual abuse cases, as well as in cases with jurisdictional and international complexities, or related civil law issues. He regularly advises on the civil law consequences of local authority child protection decisions and service provision.
Notable Public Law Children cases
H and J (Placement Orders) [2024] EWCA Civ 429Appeal by mother against placement orders made in respect of her two youngest children.
Slough Children First v Mother & Ors [2024] EWFC 31Fact-finding in care proceedings. Found that fractures suffered by child were not perpetrated by either parent using force beyond that which it would be reasonable for a parent to use.
X (A child), Re [2023] EWFC 264 (B)Application by local authority for permission to withdraw care proceedings, following receipt of medical evidence indicating that the parents were not to blame for the child’s injuries.
Coventry City Council v The Mother (BB) & Ors. [2023] EWHC 1284 (Fam)Aidan was instructed by the local authority in this final hearing of care proceedings relating to a three year-old child whose parents are US citizens. All orders sought by the local authority were made. The child was placed with their maternal aunt and uncle in Florida, under a Special Guardianship Order. An earlier hearing AA v BB & Ors [2022] EWHC 2322 (Fam) included a Hague application and a challenge to jurisdiction.
J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)Represented Child A. Care proceedings. Appeal by father of 2 of the children against decision to reopen allegation of sexual assault made against him by one of the children. Appeal dismissed.
A Council v H & Ors [2023] EWFC 47 (29 March 2023)Care proceedings relating to two children, issued following death of sibling, who was found to have suffered metaphyseal fractures. Held, threshold not met.
Re W-A (Children) [2022] EWCA Civ 1118, [2022] 3 WLR 1235An appeal against a decision that foreign convictions were admissible in evidence and carried presumptive weight that the offence had been committed in fact-finding in children’s cases.
Re CK (A Child: Fact-Finding) [2022] EWCA Civ 952An appeal against findings of fact in a care case.
Re D (A Child) (Placement Order) [2022] EWCA Civ 896, [2022] 2 FLR 1293An appeal against the making of a placement order.
A (Children) (Pool of Perpetrators), Re [2022] EWCA Civ 1348 The correct approach in uncertain perpetrator cases.
Re Y (A Minor) (No 2) (Brussels II Revised: Jurisdiction after Article 15 Transfer: Welfare) [2022] EWFC 69
Y (A Minor) (Brussels II Revised: Jurisdiction after Article 15 Transfer) [2021] EWFC 107
Re J (A Child: Residential assessment) [2021] EWFC B18 (09 April 2021)An appeal by a local authority against the case management decision of District Judge.
Aidan appeared for one of the respondents in an alleged paedophile ring case with over 40 respondents, the judgments in this case are not yet published.
Re R (A Child) [2019] EWFC 28 (Fam)Care proceedings, child with life limiting condition.
Re B (A Child) [2018] EWCA Civ 2127 (Fam)The extent of the obligation to ‘put a case’ in cross-examination, and the correct approach to the ‘pool of perpetrators’.
H (A Child) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam)Human rights damages, procedure for issuing human rights claims where there are also care proceedings, and the operation of the legal aid charge.
Re TG (Care Proceedings; Case Management; Expert Evidence) [2013] EWCA Civ 5, [2013] 1 FLR 1250Necessity of expert evidence, specifically necessity of biomechanical evidence in NAI/head injury cases.