A (A Child)

A (A Child)

The appeal is allowed because the judge erred in making a care order based on an outdated care plan and in finding that Mr Stimson represented a risk to BJ contrary to the evidence; the care and placement orders must stand but on the basis of the amended care plan.

Parties
Advocate for Appellant Father: Mrs C Hartley; Advocate for Local Authority: Ms L Thomas; Advocate for Guardian Ad Litem: Ms N Sandercock; Child (subject of Proceedings): BJ; Maternal Grandfather / Appellant: Mr Jess Stimson
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Appeal (care and Placement Orders) / Appeal From Cardiff County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Care Orders, Placement Orders, Children Act 1989, Care Plans, Appeals
Family Law Child Protection Care Orders Placement Orders Children Act 1989 Care Plans Appeals

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Parties

Mrs C Hartley

Advocate for Appellant Father

Ms L Thomas

Advocate for Local Authority

Ms N Sandercock

Advocate for Guardian Ad Litem

BJ

Child (subject of Proceedings)

Mr Jess Stimson

Maternal Grandfather / Appellant

Procedural Posture

Appeal (care and Placement Orders) / Appeal From Cardiff County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in making a care order based on an outdated care plan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
  3. 3 Whether the care and placement orders should stand on the basis of a revised care plan

Ratio Decidendi

The appeal is allowed because the judge erred in making a care order based on an outdated care plan and in finding that Mr Stimson represented a risk to BJ contrary to the evidence; the care and placement orders must stand but on the basis of the amended care plan.

Court Disposition

Appeal allowed

Orders

  • A fresh care order to be made on the basis of a revised care plan to be lodged by 4pm the following day
  • Permission to disclose the Guardian’s report to the respective adopters