AM v Local Authority & Anor [2009] EWCA Civ 205 (16 March 2009)

AM v Local Authority & Anor [2009] EWCA Civ 205 (16 March 2009)

The judge's exercise of discretion in making final care orders, authorising refusal of parental contact, and declining further assessments was within the ambit of reasonable disagreement. The judge had sufficient evidence, gave adequate reasons, and prioritised the children's physical safety in light of the proven risks from the maternal family. No error of law or plainly wrong decision was demonstrated. The application for permission to appeal was refused.

Citation
[2009] EWCA Civ 205
Parties
Appellant: AM; 1st Respondent: Local Authority; 2nd Respondent: The Children's Guardian
Jurisdiction
England and Wales
Judgment Date
16 March 2009
Procedural Posture
Family Law Care Proceedings / Permission to Appeal From Final Care and Ancillary Orders
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Judicial Discretion, Best Interests of the Child, Cultural and Religious Placement, Contact Termination, Section 31 Children Act 1989, Section 91(14) Orders
Family Law Child Protection Care Orders Judicial Discretion Best Interests of the Child Cultural and Religious Placement Contact Termination Section 31 Children Act 1989 +1 more

Case Brief

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Parties

AM

Appellant

Local Authority

1st Respondent

The Children's Guardian

2nd Respondent

Procedural Posture

Family Law Care Proceedings / Permission to Appeal From Final Care and Ancillary Orders

Legal Issues

  1. 1 Whether the judge erred in refusing adjournment for further assessments
  2. 2 Whether the judge failed to balance physical and emotional risks in placement options
  3. 3 Whether the judge's exercise of discretion was outside the ambit of reasonable disagreement

Ratio Decidendi

The judge's exercise of discretion in making final care orders, authorising refusal of parental contact, and declining further assessments was within the ambit of reasonable disagreement. The judge had sufficient evidence, gave adequate reasons, and prioritised the children's physical safety in light of the proven risks from the maternal family. No error of law or plainly wrong decision was demonstrated. The application for permission to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

  • Final care orders for all three children confirmed
  • Local authority authorised to refuse parental contact