K (Children)

K (Children)

The judge's findings of fact regarding abuse and parental incapacity to change were unassailable and within her discretion. The threshold for intervention was met, and the placement order for NA was justified on welfare grounds. There was no realistic prospect of success on appeal.

Parties
Subject: Re K (Children); Applicant: Father; Applicant: Mother; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Adoption, Judicial Discretion, Findings of Fact
Family Law Child Protection Care Orders Placement Orders Adoption Judicial Discretion Findings of Fact

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Parties

Re K (Children)

Subject

Father

Applicant

Mother

Applicant

Local Authority

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in making care and placement orders for the children
  2. 2 Whether the findings of fact regarding abuse and parental capacity to change were sustainable
  3. 3 Whether the parents were denied a fair opportunity to respond to allegations

Ratio Decidendi

The judge's findings of fact regarding abuse and parental incapacity to change were unassailable and within her discretion. The threshold for intervention was met, and the placement order for NA was justified on welfare grounds. There was no realistic prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused