M (Children), Re

M (Children), Re

The judge's analysis was unreliable and insufficient; he failed to provide a precise evaluation of the pros and cons, relied on unclear concepts, and did not conduct a proper welfare checklist analysis. The orders permanently separating the children from their parents cannot be justified on the reasoning given.

Source-derived case information.

Parties
Appellant: Father; Appellant: Mother; Respondent: Herts County Council; Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
27 November 2014
Procedural Posture
Family / Appeal From Final Care and Special Guardianship Orders
Outcome
appeal allowed
Legal Topics
Care Proceedings, Special Guardianship, Parental Assessment, Emotional Attunement, Alcohol Abuse, Anger Management, Welfare Checklist, Contact Arrangements
Family Law Child Welfare Care Proceedings Special Guardianship Parental Assessment Emotional Attunement Alcohol Abuse Anger Management +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Father

Appellant

Mother

Appellant

Herts County Council

Respondent

Children's Guardian

Respondent

Procedural Posture

Family / Appeal From Final Care and Special Guardianship Orders

Legal Issues

  1. 1 Whether the judge's analysis and reasoning for separating the children from their parents was adequate
  2. 2 Whether the judge properly considered all realistic options for the children's placement
  3. 3 Whether the judge's reliance on professional evidence and statistical risk was sufficient

Ratio Decidendi

The judge's analysis was unreliable and insufficient; he failed to provide a precise evaluation of the pros and cons, relied on unclear concepts, and did not conduct a proper welfare checklist analysis. The orders permanently separating the children from their parents cannot be justified on the reasoning given.

Court Disposition

appeal allowed

Orders

  • permission to appeal granted to both parents
  • appeal allowed