J (Children), Re

J (Children), Re

The recorder erred by applying the interim removal test (Re L-A) at a final hearing and by failing to conduct a holistic evaluation of all realistic options for the children's care. The decision was based on a linear approach, not a comparative welfare analysis, and thus could not stand.

Parties
Appellant: KH; First Respondent: A County Council; Second Respondent: A; Third and Fourth Respondents: EJ and KJ (by their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Appeal / Appeal Against Interim Care Order, Remitted for Rehearing
Outcome
Appeal allowed; interim care order set aside; matter remitted for rehearing
Legal Topics
Care Orders, Children Act 1989, Interim Care Orders, Parental Responsibility, Threshold Criteria, Welfare Checklist
Family Law Child Protection Care Orders Children Act 1989 Interim Care Orders Parental Responsibility Threshold Criteria Welfare Checklist

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Parties

KH

Appellant

A County Council

First Respondent

A

Second Respondent

EJ and KJ (by their children’s guardian)

Third and Fourth Respondents

Procedural Posture

Appeal / Appeal Against Interim Care Order, Remitted for Rehearing

Legal Issues

  1. 1 Whether the recorder applied the correct legal test for removal of children at final hearing
  2. 2 Whether the recorder conducted a holistic evaluation of all realistic placement options
  3. 3 Whether the evidence supported removal of both children from the mother's care

Ratio Decidendi

The recorder erred by applying the interim removal test (Re L-A) at a final hearing and by failing to conduct a holistic evaluation of all realistic options for the children's care. The decision was based on a linear approach, not a comparative welfare analysis, and thus could not stand.

Court Disposition

Appeal allowed; interim care order set aside; matter remitted for rehearing

Orders

  • Order of 3 October 2019 set aside except for child arrangements order for A
  • Further hearing before recorder vacated