O-S (Children), Re [2001] EWCA Civ 2039 (17 December 2001)

O-S (Children), Re [2001] EWCA Civ 2039 (17 December 2001)

The judge was entitled to conclude, on the evidence, that the mother's relationship with the violent father had not ended and that the risk to the children remained. The decision to grant a care order with a plan for adoption and leave to terminate contact was within the judge's discretion and not plainly wrong.

Citation
[2001] EWCA Civ 2039
Parties
Mother/applicant: P. S.; Father/first Respondent: E. O.; Second Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
17 December 2001
Procedural Posture
Appeal (public Law Children) / Appeal From Care Order Judgment
Outcome
Application dismissed
Legal Topics
Care Orders, Adoption, Parental Responsibility, Domestic Violence, Child Welfare
Family Law Child Protection Care Orders Adoption Parental Responsibility Domestic Violence Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

P. S.

Mother/applicant

E. O.

Father/first Respondent

Local Authority

Second Respondent

Procedural Posture

Appeal (public Law Children) / Appeal From Care Order Judgment

Legal Issues

  1. 1 Whether the trial judge erred in granting a care order approving a care plan for adoption and giving leave to terminate contact with the mother
  2. 2 Whether sufficient consideration was given to concurrent planning and further assessment of the mother's parenting capacity
  3. 3 Whether the mother's relationship with the violent father had truly ended

Ratio Decidendi

The judge was entitled to conclude, on the evidence, that the mother's relationship with the violent father had not ended and that the risk to the children remained. The decision to grant a care order with a plan for adoption and leave to terminate contact was within the judge's discretion and not plainly wrong.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • Public funding assessment of the Applicant's costs and the guardian's costs