CT & Anor v Bristol City Council & Ors

CT & Anor v Bristol City Council & Ors

The judge erred in law by mischaracterising the proposed residential assessment as therapy or an assessment of the parents alone, thereby wrongly concluding it was outside the scope of section 38(6). The assessment was necessary to determine whether the parents could safely care for the child, was supported by expert evidence, and its refusal would render the proceedings unfair. The appeal is allowed and the assessment ordered.

Parties
1st Appellant: CT; 2nd Appellant: PH; 1st Respondent: Bristol City Council; 2nd Respondent: PL; 3rd Respondent: SL & MH
Jurisdiction
England and Wales
Judgment Date
14 March 2007
Procedural Posture
Appeal (care Proceedings) / Appeal From Refusal of Residential Assessment Under Section 38(6) of the Children Act 1989
Outcome
Appeal allowed
Legal Topics
Section 38(6) Children Act 1989, Residential Assessment, Interim Care Orders, Judicial Discretion, Parenting Capacity, Procedural Fairness
Family Law Child Protection Section 38(6) Children Act 1989 Residential Assessment Interim Care Orders Judicial Discretion Parenting Capacity Procedural Fairness

Case Brief

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Parties

CT

1st Appellant

PH

2nd Appellant

Bristol City Council

1st Respondent

PL

2nd Respondent

SL & MH

3rd Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Refusal of Residential Assessment Under Section 38(6) of the Children Act 1989

Legal Issues

  1. 1 Whether the judge erred in refusing a residential assessment under section 38(6) of the Children Act 1989
  2. 2 Whether the proposed assessment was outside the scope of section 38(6) as interpreted by Re C and Re G
  3. 3 Whether the refusal deprived the parents of procedural fairness

Ratio Decidendi

The judge erred in law by mischaracterising the proposed residential assessment as therapy or an assessment of the parents alone, thereby wrongly concluding it was outside the scope of section 38(6). The assessment was necessary to determine whether the parents could safely care for the child, was supported by expert evidence, and its refusal would render the proceedings unfair. The appeal is allowed and the assessment ordered.

Court Disposition

Appeal allowed

Orders

  • Order of the judge refusing residential assessment under section 38(6) set aside
  • Residential assessment under section 38(6) of the Children Act 1989 ordered