W - C (Children) [2017] EWCA Civ 250 (28 February 2017)

W - C (Children) [2017] EWCA Civ 250 (28 February 2017)

The Recorder's judgment was inadequate as he failed to conduct a proper welfare analysis between adoption and long-term fostering for D, did not address the guardian's arguments, misapplied the law regarding realistic options and proportionality, and failed to apply the correct statutory tests for dispensing with parental consent. The case must be remitted for rehearing by a fresh tribunal.

Citation
[2017] EWCA Civ 250
Parties
Subject Children: W - C (Children); Applicant's Advocate (children's Guardian): Ms L Briggs; Respondent's Advocate (london Borough of Barnet): Ms M Hyde
Jurisdiction
England and Wales
Judgment Date
28 February 2017
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Family Court Decision
Outcome
Appeal allowed; case remitted for rehearing by a fresh tribunal.
Legal Topics
Adoption, Care Orders, Special Guardianship Orders, Long Term Fostering, Welfare of the Child, Dispensing With Parental Consent
Family Law Child Law Adoption Care Orders Special Guardianship Orders Long Term Fostering Welfare of the Child Dispensing With Parental Consent

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Parties

W - C (Children)

Subject Children

Ms L Briggs

Applicant's Advocate (children's Guardian)

Ms M Hyde

Respondent's Advocate (london Borough of Barnet)

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Family Court Decision

Legal Issues

  1. 1 Whether the Recorder conducted an adequate welfare analysis between adoption and long-term fostering for child D
  2. 2 Whether the Recorder applied the correct legal principles regarding 'realistic options' and proportionality
  3. 3 Whether the Recorder properly addressed the statutory welfare checklists and the test for dispensing with parental consent

Ratio Decidendi

The Recorder's judgment was inadequate as he failed to conduct a proper welfare analysis between adoption and long-term fostering for D, did not address the guardian's arguments, misapplied the law regarding realistic options and proportionality, and failed to apply the correct statutory tests for dispensing with parental consent. The case must be remitted for rehearing by a fresh tribunal.

Court Disposition

Appeal allowed; case remitted for rehearing by a fresh tribunal.

Orders

  • The decision authorising placement of D for adoption is set aside.
  • The case is to be reheard by a different judge as soon as possible.