S (A Child)

S (A Child)

The judge's findings that the threshold for significant harm was met, and that the parents' inability or unwillingness to cooperate with psychological assessment precluded safe rehabilitation, were unassailable. The judge properly exercised her discretion and made orders in the child's best interests. There is no real prospect of success on appeal.

Parties
1st Applicant: Mother; 2nd Applicant: Father; 1st Respondent: East Sussex County Council; 2nd Respondent: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Care Proceedings (child Protection) / Application for Permission to Appeal (post Final Order)
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Appeals, Psychological Assessment, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Threshold Criteria Appeals Psychological Assessment Welfare of the Child

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Parties

Mother

1st Applicant

Father

2nd Applicant

East Sussex County Council

1st Respondent

Guardian ad Litem

2nd Respondent

Procedural Posture

Care Proceedings (child Protection) / Application for Permission to Appeal (post Final Order)

Legal Issues

  1. 1 Whether the statutory threshold for care/placement orders was met
  2. 2 Whether the judge erred in finding likelihood of significant harm to the child
  3. 3 Whether the judge failed to give proper opportunity for psychological assessment

Ratio Decidendi

The judge's findings that the threshold for significant harm was met, and that the parents' inability or unwillingness to cooperate with psychological assessment precluded safe rehabilitation, were unassailable. The judge properly exercised her discretion and made orders in the child's best interests. There is no real prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused