C (A Child) [2013] EWCA Civ 1257 (18 October 2013)

C (A Child) [2013] EWCA Civ 1257 (18 October 2013)

Despite structural deficiencies in the judgment, the judge sufficiently engaged with the long-term welfare decision, considered the relevant factors under the Adoption and Children Act 2002, and his adverse findings against EB justified the conclusion that adoption was necessary and proportionate in J's best interests. The decision was not wrong and should not be overturned on appeal.

Citation
[2013] EWCA Civ 1257
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 (family Law Care and Placement Orders) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Care Orders, Placement for Adoption, Special Guardianship, Proportionality, Welfare of the Child, Appeals Procedure
Family Law Child Law Care Orders Placement for Adoption Special Guardianship Proportionality Welfare of the Child Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

EB

Appellant

London Borough of Sutton

First Respondent

CG (Children's Guardian)

Second Respondent

Procedural Posture

Appeal (family Law Care and Placement Orders) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in making a care and placement order for adoption rather than a special guardianship order in favour of EB
  2. 2 Whether the judge conducted a proper balancing exercise between adoption and family placement
  3. 3 Whether the decision was proportionate and compliant with Article 8 ECHR

Ratio Decidendi

Despite structural deficiencies in the judgment, the judge sufficiently engaged with the long-term welfare decision, considered the relevant factors under the Adoption and Children Act 2002, and his adverse findings against EB justified the conclusion that adoption was necessary and proportionate in J's best interests. The decision was not wrong and should not be overturned on appeal.

Court Disposition

Appeal dismissed

Orders

  • Care order and placement order for adoption affirmed
  • No special guardianship order to EB