J & Ors (Children: Interim Removal), Re

J & Ors (Children: Interim Removal), Re

The judge failed to properly consider the positive evidence about the father's care, the risk of emotional harm from removal, and less interventionist options. The removal was unnecessary and disproportionate; the correct approach was to allow the children to remain with their father under an interim supervision order or, if agreed, an interim care order with safeguards.

Parties
Appellant: Father (Appellant); First Respondent: Local Authority; Second Respondent: Mother; Third, Fourth and Fifth Respondents: Children (by their guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal (family) / Appeal Against Interim Care Orders
Outcome
Appeal allowed; interim care order set aside; children returned to father's care under interim supervision order.
Legal Topics
Interim Care Orders, Removal of Children, Proportionality, Welfare Checklist, Children Act 1989 S.31 and S.38, Article 8 ECHR
Family Law Child Protection Interim Care Orders Removal of Children Proportionality Welfare Checklist Children Act 1989 S.31 and S.38 Article 8 ECHR

Case Brief

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Parties

Father (Appellant)

Appellant

Local Authority

First Respondent

Mother

Second Respondent

Children (by their guardian)

Third, Fourth and Fifth Respondents

Procedural Posture

Appeal (family) / Appeal Against Interim Care Orders

Legal Issues

  1. 1 Whether the interim removal of children from their father's care was necessary and proportionate
  2. 2 Whether the judge failed to conduct a proper welfare checklist analysis and proportionality evaluation
  3. 3 Whether less interventionist measures could have safeguarded the children

Ratio Decidendi

The judge failed to properly consider the positive evidence about the father's care, the risk of emotional harm from removal, and less interventionist options. The removal was unnecessary and disproportionate; the correct approach was to allow the children to remain with their father under an interim supervision order or, if agreed, an interim care order with safeguards.

Court Disposition

Appeal allowed; interim care order set aside; children returned to father's care under interim supervision order.

Orders

  • Interim care order made on 26 July 2023 set aside.
  • Children to be subject of an interim supervision order to the local authority until conclusion of proceedings or further order.