AP v The Vale of Glamorgan Council & Ors [2007] EWCA Civ 1265 (30 November 2007)

AP v The Vale of Glamorgan Council & Ors [2007] EWCA Civ 1265 (30 November 2007)

The judge's determination that the threshold criteria were satisfied in respect of the P children was procedurally and substantively flawed. There was no proper analysis or reasoning specific to the P children, no evidence of actual harm to them, and no adequate assessment of future risk as required by law. The finding was based on an assumption that harm to a nephew automatically established risk to the appellant's own children, which is not justified without further inquiry. The appeal is allowed and the threshold determination set aside, to be redetermined after proper assessment and argument.

Citation
[2007] EWCA Civ 1265
Parties
Appellant: A. P.; First Respondent: The Vale of Glamorgan Council; Second Respondent: A. S.; Third, Fourth and Fifth Respondents: C., L. and E-R (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
30 November 2007
Procedural Posture
Appeal From Care Proceedings (children Act 1989) / Appeal Judgment From Cardiff County Court, Post Split Hearing, Remittal for Redetermination of Threshold Criteria
Outcome
Appeal allowed; threshold determination set aside; matter remitted for redetermination.
Legal Topics
Care Proceedings, Threshold Criteria, Significant Harm, Split Hearings, Procedural Fairness
Family Law Child Protection Care Proceedings Threshold Criteria Significant Harm Split Hearings Procedural Fairness

Case Brief

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Parties

A. P.

Appellant

The Vale of Glamorgan Council

First Respondent

A. S.

Second Respondent

C., L. and E-R (by their Children's Guardian)

Third, Fourth and Fifth Respondents

Procedural Posture

Appeal From Care Proceedings (children Act 1989) / Appeal Judgment From Cardiff County Court, Post Split Hearing, Remittal for Redetermination of Threshold Criteria

Legal Issues

  1. 1 Whether the judge erred in finding the threshold criteria under s.31(2) Children Act 1989 satisfied in relation to the appellant's children (the P children) based solely on findings regarding harm to a nephew (A)
  2. 2 Whether procedural and evidential requirements for threshold findings in respect of children not directly harmed were met

Ratio Decidendi

The judge's determination that the threshold criteria were satisfied in respect of the P children was procedurally and substantively flawed. There was no proper analysis or reasoning specific to the P children, no evidence of actual harm to them, and no adequate assessment of future risk as required by law. The finding was based on an assumption that harm to a nephew automatically established risk to the appellant's own children, which is not justified without further inquiry. The appeal is allowed and the threshold determination set aside, to be redetermined after proper assessment and argument.

Court Disposition

Appeal allowed; threshold determination set aside; matter remitted for redetermination.

Orders

  • The judge's finding that the threshold criteria were satisfied in respect of the P children is set aside.
  • The question of whether the threshold criteria are satisfied in respect of the P children is remitted to Judge Masterman for redetermination after further directions and assessment.