D Children, Re (Rev 1)

D Children, Re (Rev 1)

Permission to appeal out of time against the fact finding judgment is refused due to excessive delay, lack of good explanation, and sufficient evidential foundation for the original findings. The substantive appeals against care and placement orders for L and T are dismissed as the judge's welfare and proportionality analysis was adequate, threshold was met, and adoption is necessary and proportionate given the risks and lack of parental insight.

Parties
First Applicant: The mother; Second Applicant: The father; First Respondent: Birmingham City Council; Children: The D Children
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Appeal / Final Judgment
Outcome
appeals dismissed
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Relief From Sanctions, Delay in Appeals, Proportionality, Welfare Evaluation
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Relief From Sanctions Delay in Appeals +2 more

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Parties

The mother

First Applicant

The father

Second Applicant

Birmingham City Council

First Respondent

The D Children

Children

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether permission to appeal out of time against fact finding decision should be granted
  2. 2 Whether care and placement orders for L and T should be set aside
  3. 3 Whether threshold for intervention was met

Ratio Decidendi

Permission to appeal out of time against the fact finding judgment is refused due to excessive delay, lack of good explanation, and sufficient evidential foundation for the original findings. The substantive appeals against care and placement orders for L and T are dismissed as the judge's welfare and proportionality analysis was adequate, threshold was met, and adoption is necessary and proportionate given the risks and lack of parental insight.

Court Disposition

appeals dismissed

Orders

  • Permission to appeal out of time against fact finding judgment refused
  • Appeals against care and placement orders for L and T dismissed