E (Through Her Children's Guardian) & Anor v A Mother & Anor

E (Through Her Children's Guardian) & Anor v A Mother & Anor

The judge's assessment of the evidence was deficient, particularly regarding the parents' drug use, commitment to change, and the risks of domestic violence. There was insufficient solid evidence to justify postponing a final decision for up to 18 months. The judge misapplied the legal principles governing placement...

Source-derived case information.

Parties
Appellant: E (through her children’s guardian); Appellant: Z Borough Council; Respondent: A Mother; Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
12 September 2019
Procedural Posture
Family Law Child Care and Adoption / Appeal From Family Court Judgment Refusing Placement Order
Outcome
appeal allowed; order of 25 June 2019 discharged; case remitted for rehearing before a different judge
Legal Topics
Placement Orders, Care Orders, Parental Rehabilitation, Threshold Criteria, Domestic Violence, Drug and Alcohol Abuse, Expert Evidence, Delay and Child Welfare
Family Law Child Protection Adoption Placement Orders Care Orders Parental Rehabilitation Threshold Criteria Domestic Violence +3 more

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Parties

E (through her children’s guardian)

Appellant

Z Borough Council

Appellant

A Mother

Respondent

A Father

Respondent

Procedural Posture

Family Law Child Care and Adoption / Appeal From Family Court Judgment Refusing Placement Order

Legal Issues

  1. 1 Whether the judge erred in refusing a placement order and instead pursuing a prolonged rehabilitation plan for the parents
  2. 2 Whether the judge misapplied the legal principles regarding adoption as a last resort
  3. 3 Whether the judge's assessment of evidence, particularly regarding parental change and risk, was flawed

Ratio Decidendi

The judge's assessment of the evidence was deficient, particularly regarding the parents' drug use, commitment to change, and the risks of domestic violence. There was insufficient solid evidence to justify postponing a final decision for up to 18 months. The judge misapplied the legal principles governing placement orders and adoption as a last resort. The appeal is allowed, the order of 25 June 2019 is discharged, and the matter is remitted for rehearing before a different judge.

Court Disposition

appeal allowed; order of 25 June 2019 discharged; case remitted for rehearing before a different judge

Orders

  • Order of 25 June 2019 discharged
  • Matter remitted to HH Judge Parker (or another circuit judge) for rehearing