S (Children), Re (Rev 1)

S (Children), Re (Rev 1)

The trial judge erred by failing to order a further assessment of the father in light of changed circumstances and by not providing sufficient reasoning or engaging with the welfare checklist and proportionality as required by Re B-S. The placement order was set aside and the case remitted for further directions and rehearing.

Parties
Appellant: Appellant Father; 1st Respondent: London Borough of Barnet; Respondent: Respondent Mother; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Appeal Family Law (children) / Appeal From Placement Order; Appellate Judgment
Outcome
Appeal allowed; placement order set aside; interim care order substituted; case remitted for further case management and rehearing; costs awarded to appellant.
Legal Topics
Placement Orders, Adoption, Care Orders, Parental Responsibility, Welfare of the Child, Appeals Procedure
Family Law Child Law Placement Orders Adoption Care Orders Parental Responsibility Welfare of the Child Appeals Procedure

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Parties

Appellant Father

Appellant

London Borough of Barnet

1st Respondent

Respondent Mother

Respondent

Children's Guardian

Guardian

Procedural Posture

Appeal Family Law (children) / Appeal From Placement Order; Appellate Judgment

Legal Issues

  1. 1 Whether the trial judge's placement order was based on proper evidence and sufficient reasoning as required by Re B-S (Children) [2013] EWCA Civ 1146
  2. 2 Whether a further assessment of the father was necessary before making a placement order
  3. 3 Whether the judge adequately considered the welfare checklist and proportionality under Article 8 ECHR

Ratio Decidendi

The trial judge erred by failing to order a further assessment of the father in light of changed circumstances and by not providing sufficient reasoning or engaging with the welfare checklist and proportionality as required by Re B-S. The placement order was set aside and the case remitted for further directions and rehearing.

Court Disposition

Appeal allowed; placement order set aside; interim care order substituted; case remitted for further case management and rehearing; costs awarded to appellant.

Orders

  • Placement order set aside
  • Interim care order substituted