D (A Child), Re

D (A Child), Re

The judge was entitled to prefer empirical evidence of adequate parenting over the expert psychological prognosis, provided reasons were given. The threshold test for care orders is objective and not to be modified by reference to parental disability. The criticisms of the expert and guardian, though intemperate,...

Source-derived case information.

Parties
Appellant: Birmingham City Council; First and Second Respondents: Mother and Father (Parents); Third to Eighth Respondents: Children (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 August 2010
Procedural Posture
Appeal / Judgment on Appeal From High Court (care Proceedings)
Outcome
Appeal dismissed
Legal Topics
Care Orders, Discharge of Care Orders, Parental Capacity, Expert Evidence, Disability and Parenting, Threshold Criteria Under Children Act 1989
Family Law Child Protection Care Orders Discharge of Care Orders Parental Capacity Expert Evidence Disability and Parenting Threshold Criteria Under Children Act 1989

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Parties

Birmingham City Council

Appellant

Mother and Father (Parents)

First and Second Respondents

Children (by their Children's Guardian)

Third to Eighth Respondents

Procedural Posture

Appeal / Judgment on Appeal From High Court (care Proceedings)

Legal Issues

  1. 1 Whether the judge was entitled to prefer empirical evidence of parenting over expert psychological prognosis in care proceedings
  2. 2 Whether the judge misapplied the threshold test under section 31(2) of the Children Act 1989 by reference to parental disability
  3. 3 Whether criticisms of expert witnesses and the guardian undermined the judgment

Ratio Decidendi

The judge was entitled to prefer empirical evidence of adequate parenting over the expert psychological prognosis, provided reasons were given. The threshold test for care orders is objective and not to be modified by reference to parental disability. The criticisms of the expert and guardian, though intemperate, did not vitiate the judgment, which was based on a proper evaluation of all evidence.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal by local authority and guardian dismissed