T (Children) (Rev 1)

T (Children) (Rev 1)

The appeal was dismissed because the trial judge had fully reasoned his decision, conscientiously considered all realistic options, and correctly concluded that rehabilitation with the mother was not a realistic option due to her lack of insight and acceptance of past failings. Adoption was the only realistic alternative in the children's best interests.

Parties
Appellant/mother: MT; Respondent/local Authority: Hertfordshire County Council; Subject Child: J (child); Subject Child: O (child); Father of Eldest Four Children: MP; Father of J and O: BT
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Appeal (care and Placement Orders) / Judgment on Appeal From Final Orders
Outcome
Appeal dismissed
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria

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Parties

MT

Appellant/mother

Hertfordshire County Council

Respondent/local Authority

J (child)

Subject Child

O (child)

Subject Child

MP

Father of Eldest Four Children

BT

Father of J and O

Procedural Posture

Appeal (care and Placement Orders) / Judgment on Appeal From Final Orders

Legal Issues

  1. 1 Whether the trial judge failed to adequately assess the mother's ability, with support, to care for her two youngest children
  2. 2 Whether the judge failed to follow the guidance in Re B-S (Children) [2013] EWCA Civ 1146 regarding adoption as a last resort

Ratio Decidendi

The appeal was dismissed because the trial judge had fully reasoned his decision, conscientiously considered all realistic options, and correctly concluded that rehabilitation with the mother was not a realistic option due to her lack of insight and acceptance of past failings. Adoption was the only realistic alternative in the children's best interests.

Court Disposition

Appeal dismissed

Orders

  • Care and placement orders in respect of J and O upheld
  • Dispensation with parental consent to placement order confirmed