B (children), Re [2003] EWCA Civ 786 (21 May 2003)

B (children), Re [2003] EWCA Civ 786 (21 May 2003)

The threshold for an interim care order was met, but the judge erred by failing to conduct the required welfare balancing exercise and by making an order that was not the least interventionist or proportionate response. The proper course was to adjourn the application with liberty to apply on short notice, rather than grant an interim care order.

Citation
[2003] EWCA Civ 786
Parties
Subject Children: B (Children); Parents/appellants: Mr and Mrs B; Respondent/local Authority: London Borough of Hackney; Children's Guardian (observer): CAFCASS
Jurisdiction
England and Wales
Judgment Date
21 May 2003
Procedural Posture
Appeal (family Law Interim Care Order) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Section 31 Children Act 1989, Threshold Criteria, Procedural Fairness, Proportionality, Article 8 ECHR
Family Law Child Protection Interim Care Orders Section 31 Children Act 1989 Threshold Criteria Procedural Fairness Proportionality Article 8 ECHR

Case Brief

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Parties

B (Children)

Subject Children

Mr and Mrs B

Parents/appellants

London Borough of Hackney

Respondent/local Authority

CAFCASS

Children's Guardian (observer)

Procedural Posture

Appeal (family Law Interim Care Order) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the section 31 threshold for interim care orders was met
  2. 2 Whether the judge failed to conduct the welfare balancing exercise after threshold
  3. 3 Whether the order made was proportionate and procedurally correct

Ratio Decidendi

The threshold for an interim care order was met, but the judge erred by failing to conduct the required welfare balancing exercise and by making an order that was not the least interventionist or proportionate response. The proper course was to adjourn the application with liberty to apply on short notice, rather than grant an interim care order.

Court Disposition

Appeal allowed

Orders

  • Interim care order set aside
  • Application for interim care order adjourned with liberty to apply on short notice