L & Ors (Children : care proceedings)

L & Ors (Children : care proceedings)

There is no realistic prospect of positive viability assessments for the proposed family members, no substantive challenge has been presented, and further assessments would imperil the timetable to the detriment of the children's welfare; therefore, further assessments are refused.

Parties
Applicant: A Local Authority; Respondent: K; Respondent: J; Children: L, M, N, O (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
05 May 2017
Procedural Posture
Care Proceedings / Interlocutory Judgment on Viability Assessments
Outcome
Application for further viability assessments refused.
Legal Topics
Care Orders, Viability Assessments, Delay in Proceedings, Alternate Carers, Adoption
Family Law Child Protection Care Orders Viability Assessments Delay in Proceedings Alternate Carers Adoption

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Parties

A Local Authority

Applicant

K

Respondent

J

Respondent

L, M, N, O (by their Children's Guardian)

Children

Procedural Posture

Care Proceedings / Interlocutory Judgment on Viability Assessments

Legal Issues

  1. 1 Whether further viability assessments of family members should be undertaken
  2. 2 Whether late challenges to negative viability assessments should be allowed
  3. 3 Impact of delay on welfare of children

Ratio Decidendi

There is no realistic prospect of positive viability assessments for the proposed family members, no substantive challenge has been presented, and further assessments would imperil the timetable to the detriment of the children's welfare; therefore, further assessments are refused.

Court Disposition

Application for further viability assessments refused.

Orders

  • Local authority may proceed on the basis of negative viability assessments.
  • No further assessment of the paternal grandfather or other family members.