A (A Child) [2008] EWCA Civ 650 (15 May 2008)

A (A Child) [2008] EWCA Civ 650 (15 May 2008)

The appeal was allowed because the judge erred in making a care order based on an outdated care plan and in finding that Mr Stimson represented a risk to BJ contrary to the evidence. The proper order was to make a care order and placement order on the basis of the revised care plan.

Citation
[2008] EWCA Civ 650
Parties
Appellant Father: Mrs C Hartley; Local Authority: Vale of Glamorgan Council; Maternal Grandfather/party to Proceedings: Mr Jess Stimson; Guardian: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Care Orders, Placement Orders, Care Plans, Children Act 1989, Adoption and Children Act 2002
Family Law Child Law Care Orders Placement Orders Care Plans Children Act 1989 Adoption and Children Act 2002

Case Brief

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Parties

Mrs C Hartley

Appellant Father

Vale of Glamorgan Council

Local Authority

Mr Jess Stimson

Maternal Grandfather/party to Proceedings

Guardian ad Litem

Guardian

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the judge erred by making a care order based on an outdated care plan
  2. 2 Whether the finding that Mr Stimson represented a risk to BJ was justified by the evidence

Ratio Decidendi

The appeal was allowed because the judge erred in making a care order based on an outdated care plan and in finding that Mr Stimson represented a risk to BJ contrary to the evidence. The proper order was to make a care order and placement order on the basis of the revised care plan.

Court Disposition

Appeal allowed

Orders

  • Fresh care order to be made on the basis of the revised care plan
  • Placement order to stand on the basis of the amended care plan