W (care proceedings), Re

W (care proceedings), Re

The judge's findings on threshold criteria and welfare were open to her on the evidence. The mother had sufficient notice of the evidence relied upon. The judge did not err in case management or in directing amendments to the threshold document. The welfare analysis, though succinct, was adequate. There is no real prospect of a successful appeal; permission to appeal is refused.

Parties
Applicant/appellant: Mother; First Respondent: Local Authority; Fifth Respondents: R and C (Maternal Uncle and Partner); Respondents: Second, Third and Fourth Respondents
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings / Special Guardianship Order (appeal) / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Special Guardianship Orders, Care Proceedings, Threshold Criteria, Case Management, Appeals
Family Law Child Protection Special Guardianship Orders Care Proceedings Threshold Criteria Case Management Appeals

Case Brief

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Parties

Mother

Applicant/appellant

Local Authority

First Respondent

R and C (Maternal Uncle and Partner)

Fifth Respondents

Second, Third and Fourth Respondents

Respondents

Procedural Posture

Care Proceedings / Special Guardianship Order (appeal) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the judge erred in finding threshold criteria under section 31 Children Act 1989 were met
  2. 2 Whether the judge erred in making a special guardianship order in favour of R and C
  3. 3 Whether the judge failed to afford procedural fairness regarding amendments to the threshold document

Ratio Decidendi

The judge's findings on threshold criteria and welfare were open to her on the evidence. The mother had sufficient notice of the evidence relied upon. The judge did not err in case management or in directing amendments to the threshold document. The welfare analysis, though succinct, was adequate. There is no real prospect of a successful appeal; permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.