R (A Child), Re [2021] EWCA Civ 1019 (09 July 2021)

The judge failed to conduct a comprehensive welfare evaluation of the competing care options, misapplied the 'nothing else will do' test, and lacked clarity regarding the support package necessary for rehabilitation with the mother, rendering the judgment flawed and requiring a rehearing.

Citation: [2021] EWCA Civ 1019
Parties: Appellant Local Authority: Durham County Council; First Respondent: Mother; Second Respondent: Guardian
Jurisdiction: England and Wales
Judgment Date: 09 July 2021
Procedural Posture: Appeal From Family Court (care Proceedings) / Appeal Judgment
Outcome: Appeal allowed; order set aside; matter remitted for rehearing.
Legal Topics: Care Proceedings, Adoption, Welfare Evaluation, Threshold Criteria, Support Packages

Family Law Child Protection Care Proceedings Adoption Welfare Evaluation Threshold Criteria Support Packages

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2

Parties

Durham County Council

Appellant Local Authority

Mother

First Respondent

Guardian

Second Respondent

Procedural Posture

Appeal From Family Court (care Proceedings) / Appeal Judgment

Legal Issues

1 Whether the judge conducted a proper welfare evaluation
2 Whether the rejection of adoption was justified
3 Adequacy of support package for rehabilitation with mother

Ratio Decidendi

Court Disposition

Appeal allowed; order set aside; matter remitted for rehearing.

Orders

Case remitted for rehearing before a judge allocated by Cobb J.
Case to be listed as soon as possible for case management hearing.