Wardship




n. The jurisdiction of the High Court to make a child a ward of court and assume responsibility for its welfare. The jurisdiction is almost unlimited, although subject to consideration of the child's welfare and, to some extent, the rights of other persons and the public interest. The court exercises detailed control of the ward: it may appoint the Official Solicitor to act as his children's guardian and may order either parent to make periodical payments for his maintenance. Wardship proceedings are heard in private and the usual rules of evidence may be relaxed (e.g. in respect of hearsay evidence). The court may enforce its orders by injunction; breach of this or tampering with the ward may constitute contempt of court.

Wardship proceedings are usually used
(1) when there is a dispute between estranged parents but no divorce proceedings have been started;

(2) when a foster parent or potential adopter wishes to prevent relatives interfering with the child or when a third party wishes to remove the child from parents who are considered unfit to have parental responsibility;

(3) when a child has been “kidnapped” by a parent;

(4) to exercise control over a wayward child; and

(5) to control medical treatment, such as sterilization, even when this is contrary to the wishes of the child.

Any person who can establish a proper interest in the child may apply for wardship (including the child himself), but the Children Act 1989 restricts the right of local authorities to use wardship proceedings. It also repeals the court's power to commit a ward to the care or supervision of a local authority. Since the Children Act came into force use of wardship may be limited as the court may prefer to make a section 8 order instead.

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The particular Provisions associated with Westminster, 1259

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