C (A Child)

C (A Child)

Despite the linear structure of the trial judgment, the judge had in mind the long-term welfare factors, the proportionality of adoption, and the relevant statutory checklists. The adverse findings against EB as a carer justified the conclusion that a settled and secure home could not be attained with her. The judge's decision to make care and placement for adoption orders was proportionate and not wrong in the context of J's welfare.

Parties
Appellant: EB; First Respondent: London Borough of Sutton; Second Respondent: CG (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
18 October 2013
Procedural Posture
Appeal (care and Placement for Adoption Orders) / Court of Appeal Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Care Orders, Adoption, Special Guardianship, Proportionality, Welfare of the Child
Family Law Child Law Care Orders Adoption Special Guardianship Proportionality Welfare of the Child

Case Brief

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Parties

EB

Appellant

London Borough of Sutton

First Respondent

CG (Children's Guardian)

Second Respondent

Procedural Posture

Appeal (care and Placement for Adoption Orders) / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in making a care and placement for adoption order instead of a special guardianship order in favour of EB
  2. 2 Whether the judge conducted a proper holistic and proportionality analysis as required by law when considering adoption as a last resort

Ratio Decidendi

Despite the linear structure of the trial judgment, the judge had in mind the long-term welfare factors, the proportionality of adoption, and the relevant statutory checklists. The adverse findings against EB as a carer justified the conclusion that a settled and secure home could not be attained with her. The judge's decision to make care and placement for adoption orders was proportionate and not wrong in the context of J's welfare.

Court Disposition

Appeal dismissed

Orders

  • The appeal by EB is dismissed.
  • The care and placement for adoption orders made by the trial judge are upheld.