W (A Child)

W (A Child)

The trial judge was not plainly wrong in concluding that the parents had not demonstrated sufficient progress or openness to justify returning S to their care, given the history of significant harm to the older children, ongoing concerns about the parents' honesty and cooperation with professionals, and the unanimous professional evidence supporting adoption. Procedural unfairness by the local authority did not invalidate the ultimate outcome, as the judge conducted a full and fair assessment at trial.

Parties
Subject: W (A Child); Appellant's Advocate: Ms Samantha King; Respondent's Advocate: Mr Leo Curran; Respondent's Advocate: Ms Carol Davies
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Care Orders, Adoption, Parental Rights, Article 6 ECHR, Article 8 ECHR, Threshold Criteria, Procedural Fairness
Family Law Child Welfare Care Orders Adoption Parental Rights Article 6 ECHR Article 8 ECHR Threshold Criteria +1 more

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Parties

W (A Child)

Subject

Ms Samantha King

Appellant's Advocate

Mr Leo Curran

Respondent's Advocate

Ms Carol Davies

Respondent's Advocate

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in making a care order and placement for adoption order for S
  2. 2 Whether the process was procedurally fair to the parents
  3. 3 Whether the threshold for intervention was sufficiently met

Ratio Decidendi

The trial judge was not plainly wrong in concluding that the parents had not demonstrated sufficient progress or openness to justify returning S to their care, given the history of significant harm to the older children, ongoing concerns about the parents' honesty and cooperation with professionals, and the unanimous professional evidence supporting adoption. Procedural unfairness by the local authority did not invalidate the ultimate outcome, as the judge conducted a full and fair assessment at trial.

Court Disposition

Appeal dismissed

Orders

  • Care order and placement for adoption order for S upheld
  • No return of S to parental care