W - C (Children)

W - C (Children)

The Recorder's judgment was wholly inadequate as it failed to conduct a proper welfare analysis between long-term fostering and adoption for D, did not apply the correct legal principles regarding dispensing with parental consent, and did not address proportionality or the least draconian order. The case must be remitted for rehearing.

Parties
Subject Children: W - C (Children); Children's Guardian/appellant Advocate: Ms L Briggs; Local Authority Advocate/respondent Advocate: Ms M Hyde
Jurisdiction
England and Wales
Judgment Date
28 February 2017
Procedural Posture
Appeal / Judgment on Appeal From Family Court Decision
Outcome
Appeal allowed; case remitted for rehearing before a fresh tribunal.
Legal Topics
Adoption, Care Orders, Special Guardianship, Long Term Foster Care, Parental Consent Dispensation
Family Law Child Law Adoption Care Orders Special Guardianship Long Term Foster Care Parental Consent Dispensation

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Parties

W - C (Children)

Subject Children

Ms L Briggs

Children's Guardian/appellant Advocate

Ms M Hyde

Local Authority Advocate/respondent Advocate

Procedural Posture

Appeal / Judgment on Appeal From Family Court Decision

Legal Issues

  1. 1 Whether the Recorder conducted an adequate welfare analysis between long-term fostering and adoption for child D
  2. 2 Whether the Recorder properly applied the legal principles regarding dispensing with parental consent for adoption
  3. 3 Whether the Recorder's judgment sufficiently considered proportionality and the least draconian order

Ratio Decidendi

The Recorder's judgment was wholly inadequate as it failed to conduct a proper welfare analysis between long-term fostering and adoption for D, did not apply the correct legal principles regarding dispensing with parental consent, and did not address proportionality or the least draconian order. The case must be remitted for rehearing.

Court Disposition

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

Orders

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