G (Children), Re [2001] EWCA Civ 968 (22 June 2001)

G (Children), Re [2001] EWCA Civ 968 (22 June 2001)

The threshold criteria for care or supervision orders must be satisfied at the date of application, but evidence obtained after proceedings began may be used to establish the threshold if it is capable of showing the situation at the relevant time. The judge erred in excluding later-acquired evidence relevant to D's circumstances at the date of application. The threshold was therefore met for D as well as E, but the appropriate order for both children was a supervision order, not a care order.

Citation
[2001] EWCA Civ 968
Parties
Appellants: Hampshire County Council and Surrey County Council; 1st Respondent (mother): KG (Mother); 2nd Respondent (father): BA (Partner) and MO (Father of E); 3rd Respondents: D and E (Children), by their Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
22 June 2001
Procedural Posture
Appeal (care and Supervision Orders) / Court of Appeal Judgment
Outcome
Appeal allowed in relation to D (threshold proved; supervision order made); appeal dismissed in relation to E; permission to appeal to House of Lords refused.
Legal Topics
Care Orders, Supervision Orders, Children Act 1989, Threshold Criteria, Evidence Admissibility
Family Law Child Protection Care Orders Supervision Orders Children Act 1989 Threshold Criteria Evidence Admissibility

Case Brief

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Parties

Hampshire County Council and Surrey County Council

Appellants

KG (Mother)

1st Respondent (mother)

BA (Partner) and MO (Father of E)

2nd Respondent (father)

D and E (Children), by their Guardian ad Litem

3rd Respondents

Procedural Posture

Appeal (care and Supervision Orders) / Court of Appeal Judgment

Legal Issues

  1. 1 What evidence may be relied upon to prove the threshold criteria under section 31(2) of the Children Act 1989 at the time of application for care or supervision orders?
  2. 2 Can later-acquired evidence or subsequent events be used to establish the threshold for intervention?

Ratio Decidendi

The threshold criteria for care or supervision orders must be satisfied at the date of application, but evidence obtained after proceedings began may be used to establish the threshold if it is capable of showing the situation at the relevant time. The judge erred in excluding later-acquired evidence relevant to D's circumstances at the date of application. The threshold was therefore met for D as well as E, but the appropriate order for both children was a supervision order, not a care order.

Court Disposition

Appeal allowed in relation to D (threshold proved; supervision order made); appeal dismissed in relation to E; permission to appeal to House of Lords refused.

Orders

  • Supervision order made for D.
  • Supervision order for E confirmed.