W (A Child) [2014] EWCA Civ 772 (11 June 2014)

Immediate removal was justified and proportionate due to significant emotional harm caused by the mother's conduct; no realistic alternative to foster care existed; procedural fairness was satisfied.

Citation: [2014] EWCA Civ 772
Parties: Appellant Mother: Ms Kristina Brown; 1st Respondent Father: Mr Alistair MacDonald QC; 2nd Respondent Child: Mr Paul Lopez; Intervenors (solihull Mbc): Mr Craig Jeakings
Jurisdiction: England and Wales
Judgment Date: 11 June 2014
Procedural Posture: Appeal From Interim Care Order (family Division) / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Interim Care Orders, Removal of Child, Procedural Fairness, Welfare Checklist, Proportionality, Section 37 and 38 Children Act 1989

Family Law Child Protection Interim Care Orders Removal of Child Procedural Fairness Welfare Checklist Proportionality Section 37 and 38 Children Act 1989

Case Brief

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Parties

Ms Kristina Brown

Appellant Mother

Mr Alistair MacDonald QC

1st Respondent Father

Mr Paul Lopez

2nd Respondent Child

Mr Craig Jeakings

Intervenors (solihull Mbc)

Procedural Posture

Appeal From Interim Care Order (family Division) / Appeal Judgment

Legal Issues

1 Whether immediate removal of child from mother's care was justified
2 Whether the process was procedurally unfair
3 Whether less draconian alternatives were available

Ratio Decidendi

Immediate removal was justified and proportionate due to significant emotional harm caused by the mother's conduct; no realistic alternative to foster care existed; procedural fairness was satisfied.

Court Disposition

Appeal dismissed

Orders

Interim care order upheld
Child to remain in foster care pending further assessment