K (Children), Re

K (Children), Re

Justice required that the question of perpetration be re-visited in light of the mother's new evidence and changed circumstances, as it might reasonably lead to her exclusion as a possible perpetrator. The orders freeing the children for adoption were set aside, and the issue remitted for re-hearing, balancing the public interest in identifying perpetrators, the possibility of reuniting the children with their mother, and the welfare of the children.

Parties
Appellant: DK (the mother); 1st Respondent: Kirklees Metropolitan Council; 2nd Respondent: PS (the father); 3rd Respondent: BK (the grandmother); Guardian: The Guardian
Jurisdiction
England and Wales
Judgment Date
27 August 2004
Procedural Posture
Appeal (care Proceedings, Freeing for Adoption) / Appeal From Findings and Orders in Care and Adoption Proceedings
Outcome
Appeal allowed; orders freeing both children for adoption set aside; interim care orders substituted; issue of perpetrator remitted for re-hearing.
Legal Topics
Care Proceedings, Adoption, Re Opening Findings of Fact, Non Accidental Injury, Fresh Evidence, Delay and Welfare of the Child
Family Law Child Protection Care Proceedings Adoption Re Opening Findings of Fact Non Accidental Injury Fresh Evidence Delay and Welfare of the Child

Case Brief

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Parties

DK (the mother)

Appellant

Kirklees Metropolitan Council

1st Respondent

PS (the father)

2nd Respondent

BK (the grandmother)

3rd Respondent

The Guardian

Guardian

Procedural Posture

Appeal (care Proceedings, Freeing for Adoption) / Appeal From Findings and Orders in Care and Adoption Proceedings

Legal Issues

  1. 1 Whether the mother should be permitted to appeal and adduce fresh evidence after orders freeing her children for adoption and findings that she could not be excluded as a perpetrator of non-accidental injury
  2. 2 Whether the orders freeing the children for adoption should be set aside and the issue of perpetration remitted for re-hearing

Ratio Decidendi

Justice required that the question of perpetration be re-visited in light of the mother's new evidence and changed circumstances, as it might reasonably lead to her exclusion as a possible perpetrator. The orders freeing the children for adoption were set aside, and the issue remitted for re-hearing, balancing the public interest in identifying perpetrators, the possibility of reuniting the children with their mother, and the welfare of the children.

Court Disposition

Appeal allowed; orders freeing both children for adoption set aside; interim care orders substituted; issue of perpetrator remitted for re-hearing.

Orders

  • Mother's application for permission to appeal granted
  • Appeal allowed