W (A Child) (Rev 2)

W (A Child) (Rev 2)

The trial judge failed to provide adequate reasons for the decision to make care and placement orders, did not properly analyse the welfare checklist or proportionality of adoption, failed to evaluate risk and the great-aunt’s positive attributes, and did not provide sufficient reasoning to justify the orders. The judgment was therefore defective and the orders must be set aside.

Parties
Subject Child: W (A Child); Appellant: Great-Aunt; 1st Respondent: Local Authority; 2nd Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
18 November 2019
Procedural Posture
Appeal / Appeal From Care and Placement Orders, Judgment on Appeal
Outcome
Appeal allowed; care and placement orders set aside; matter remitted for rehearing.
Legal Topics
Care Orders, Placement Orders, Adoption, Welfare Checklist, Proportionality, Reasoned Judgments
Family Law Child Law Care Orders Placement Orders Adoption Welfare Checklist Proportionality Reasoned Judgments

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Parties

W (A Child)

Subject Child

Great-Aunt

Appellant

Local Authority

1st Respondent

Mother

2nd Respondent

Procedural Posture

Appeal / Appeal From Care and Placement Orders, Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge gave adequate reasons for making care and placement orders for adoption
  2. 2 Whether the welfare checklist and proportionality of adoption were properly considered
  3. 3 Whether the judge adequately evaluated risk and the positive attributes of the proposed carer

Ratio Decidendi

The trial judge failed to provide adequate reasons for the decision to make care and placement orders, did not properly analyse the welfare checklist or proportionality of adoption, failed to evaluate risk and the great-aunt’s positive attributes, and did not provide sufficient reasoning to justify the orders. The judgment was therefore defective and the orders must be set aside.

Court Disposition

Appeal allowed; care and placement orders set aside; matter remitted for rehearing.

Orders

  • Care order set aside
  • Placement order set aside