H (Children), Re [2009] EWCA Civ 1293 (24 November 2009)

H (Children), Re [2009] EWCA Civ 1293 (24 November 2009)

The judge was entitled, within the broad discretion afforded in child care proceedings, to refuse the application to revoke placement orders on the basis that the parents had not demonstrated a sufficiently lengthy period of being drug free, and that their timescale for recovery was inconsistent with the children's welfare and need for stability.

Citation
[2009] EWCA Civ 1293
Parties
Applicant Parent: Ms F; Applicant Parent: Mr H; First Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
24 November 2009
Procedural Posture
Appeal (family Law Children) / Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Revocation of Placement Orders, Care Proceedings, Parental Drug Addiction, Judicial Discretion, Adoption Process
Family Law Child Protection Revocation of Placement Orders Care Proceedings Parental Drug Addiction Judicial Discretion Adoption Process

Case Brief

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Parties

Ms F

Applicant Parent

Mr H

Applicant Parent

Local Authority

First Respondent

Procedural Posture

Appeal (family Law Children) / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to revoke placement orders for the children
  2. 2 Whether it was procedurally unfair to determine the application at a directions hearing without further evidence

Ratio Decidendi

The judge was entitled, within the broad discretion afforded in child care proceedings, to refuse the application to revoke placement orders on the basis that the parents had not demonstrated a sufficiently lengthy period of being drug free, and that their timescale for recovery was inconsistent with the children's welfare and need for stability.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed