R (on the application of) v The Child and Family Court Advisory and Support Service [2012] EWCA Civ 853 29.06.2012

The CA considered applications for Judicial Review brought on behalf of four children in separate care cases on the basis that the failure to appoint a Guardian in a timely manner (or in one case at all) constituted a breach by Cafcass of a statutory duty and/or of the children’s rights under the ECHR. The Court while acknowledging the importance of early appointment did not accept that there was a duty owed to each individual child by Cafcass to promptly or immediately appoint a Guardian and dismissed the appeal.