W & M (Children)

W & M (Children)

The judge was entitled, on the evidence, to conclude that a residential assessment would be of limited value given the parents’ history of drug abuse, the artificiality of assessment in a controlled environment, and the significant delay and disruption to the children. The refusal was not plainly wrong and the appeal is dismissed.

Parties
1st Appellant: Mother; 2nd Appellant: Father; 1st Respondent: Local Authority; 2nd to 6th Respondents: Children (through Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Care Proceedings / Application for Residential Assessment Under Section 38(6) Children Act 1989 / Appeal From Portsmouth County Court; Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed; permission to appeal granted
Legal Topics
Section 38(6) Residential Assessment, Care Orders, Delay in Proceedings, Parental Drug Abuse, Best Interests of the Child
Family Law Child Protection Section 38(6) Residential Assessment Care Orders Delay in Proceedings Parental Drug Abuse Best Interests of the Child

Case Brief

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Parties

Mother

1st Appellant

Father

2nd Appellant

Local Authority

1st Respondent

Children (through Children’s Guardian)

2nd to 6th Respondents

Procedural Posture

Care Proceedings / Application for Residential Assessment Under Section 38(6) Children Act 1989 / Appeal From Portsmouth County Court; Application for Permission to Appeal and Substantive Appeal

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 delay and parental history justified refusal of assessment
  3. 3 Whether the refusal was contrary to the best interests of the children

Ratio Decidendi

The judge was entitled, on the evidence, to conclude that a residential assessment would be of limited value given the parents’ history of drug abuse, the artificiality of assessment in a controlled environment, and the significant delay and disruption to the children. The refusal was not plainly wrong and the appeal is dismissed.

Court Disposition

Appeal dismissed; permission to appeal granted

Orders

  • Permission to appeal granted
  • Appeal dismissed