S (A Child) [2009] EWCA Civ 945 (08 July 2009)

S (A Child) [2009] EWCA Civ 945 (08 July 2009)

The judge was entitled to find that the threshold for intervention was met based on the parents' extreme and inappropriate reactions, removal of the child from school, and lack of cooperation with psychological assessment. The judge's conclusions were not plainly wrong, and the orders made were within her discretion and in the child's best interests.

Citation
[2009] EWCA Civ 945
Parties
1st Applicant: Mother; 2nd Applicant: Father; 1st Respondent: East Sussex County Council; 2nd Respondent: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Care Proceedings (child Protection) / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Appeals, Psychological Assessment, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Threshold Criteria Appeals Psychological Assessment Welfare of the Child

Case Brief

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Parties

Mother

1st Applicant

Father

2nd Applicant

East Sussex County Council

1st Respondent

Guardian ad Litem

2nd Respondent

Procedural Posture

Care Proceedings (child Protection) / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the statutory threshold for making a care or placement order was met
  2. 2 Whether the judge erred in finding a likelihood of significant harm to the child
  3. 3 Whether the judge failed to give proper weight to favourable evidence about parental care

Ratio Decidendi

The judge was entitled to find that the threshold for intervention was met based on the parents' extreme and inappropriate reactions, removal of the child from school, and lack of cooperation with psychological assessment. The judge's conclusions were not plainly wrong, and the orders made were within her discretion and in the child's best interests.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Care and placement orders remain in force