BP & Ors v Hertfordshire County Council & Anor

BP & Ors v Hertfordshire County Council & Anor

Permission to appeal was refused because the courts below correctly applied the law regarding the section 31 threshold, the welfare and proportionality assessments were properly conducted, and there was no evidence that the psychologist's retainer compromised her independence or the fairness of the proceedings.

Parties
Appellant Father: BP; Appellant Mother: SB; Respondent Local Authority: Hertfordshire County Council; Subject Child: P (A Child); Subject Child: B (A Child)
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Family Law Care and Placement Orders / Application for Permission to Appeal (second Appeal for P, First Appeal for B)
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Section 31 Children Act 1989, Expert Evidence, Appeals Procedure
Family Law Child Protection Care Orders Placement Orders Section 31 Children Act 1989 Expert Evidence Appeals Procedure

Case Brief

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Parties

BP

Appellant Father

SB

Appellant Mother

Hertfordshire County Council

Respondent Local Authority

P (A Child)

Subject Child

B (A Child)

Subject Child

Procedural Posture

Family Law Care and Placement Orders / Application for Permission to Appeal (second Appeal for P, First Appeal for B)

Legal Issues

  1. 1 Whether the section 31 Children Act 1989 threshold was met for care and placement orders
  2. 2 Whether the expert psychologist was independent given her retainer with the local authority
  3. 3 Whether the proportionality and welfare evaluations were properly conducted

Ratio Decidendi

Permission to appeal was refused because the courts below correctly applied the law regarding the section 31 threshold, the welfare and proportionality assessments were properly conducted, and there was no evidence that the psychologist's retainer compromised her independence or the fairness of the proceedings.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal in respect of each application is refused