H (Children)

H (Children)

The trial judge was entitled to rely on the evidence of Dr Gough, to refuse further expert evidence, and to find the threshold for care orders met. The judge's findings of fact and the care plan were justified and proportionate. There was no error in not ordering separate representation for the children. The appeal is dismissed.

Parties
Appellant: Father; 1st Respondent: Devon County Council; 2nd Respondent: Mother; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
18 February 2015
Procedural Posture
Appeal Care Orders (children) / Judgment on Appeal From Plymouth County Court
Outcome
Appeal dismissed
Legal Topics
Care Orders, Children Act 1989, Expert Evidence, Threshold Criteria, Contact Arrangements, Separate Representation of Children
Family Law Child Protection Care Orders Children Act 1989 Expert Evidence Threshold Criteria Contact Arrangements Separate Representation of Children

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Parties

Father

Appellant

Devon County Council

1st Respondent

Mother

2nd Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Appeal Care Orders (children) / Judgment on Appeal From Plymouth County Court

Legal Issues

  1. 1 Whether the trial judge gave disproportionate weight to the evidence of Dr Gough, the clinical psychologist
  2. 2 Whether the refusal to allow the father to adduce further expert evidence was justified
  3. 3 Whether the threshold for making care orders under section 31 Children Act 1989 was met

Ratio Decidendi

The trial judge was entitled to rely on the evidence of Dr Gough, to refuse further expert evidence, and to find the threshold for care orders met. The judge's findings of fact and the care plan were justified and proportionate. There was no error in not ordering separate representation for the children. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Care orders in relation to the children are upheld
  • Contact arrangements as ordered by the trial judge remain in force