D, Re (Threshold Findings and Final Orders at IRH) [2025] EWCA Civ 1362 (30 October 2025)

D, Re (Threshold Findings and Final Orders at IRH) [2025] EWCA Civ 1362 (30 October 2025)

The judge failed to make sufficient threshold findings and provide adequate reasons for the final care and placement orders; reliance on parental absence and deemed acceptance by procedural default was improper; the orders were set aside due to procedural irregularity and lack of judicial engagement with the evidence.

Source-derived case information.

Citation
[2025] EWCA Civ 1362
Parties
First Appellant: Father; Second Appellant: Mother; First Respondent: Local Authority; Second Respondent: Child (D)
Jurisdiction
England and Wales
Judgment Date
30 October 2025
Procedural Posture
Appeal From Family Court (care and Placement Orders) / Appeal Judgment
Outcome
Appeal allowed; orders set aside
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Adequacy of Judicial Reasons, Case Management, Burden of Proof
Family Law Child Protection Public Law Care Orders Placement Orders Threshold Criteria Adequacy of Judicial Reasons Case Management +1 more

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Parties

Father

First Appellant

Mother

Second Appellant

Local Authority

First Respondent

Child (D)

Second Respondent

Procedural Posture

Appeal From Family Court (care and Placement Orders) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge made sufficient threshold findings under section 31 Children Act 1989
  2. 2 Whether the judicial reasons for final care and placement orders were adequate

Ratio Decidendi

The judge failed to make sufficient threshold findings and provide adequate reasons for the final care and placement orders; reliance on parental absence and deemed acceptance by procedural default was improper; the orders were set aside due to procedural irregularity and lack of judicial engagement with the evidence.

Court Disposition

Appeal allowed; orders set aside

Orders

  • Care order and placement order discharged
  • Interim care order substituted