M (A Child), Re [2011] EWCA Civ 1161 (18 August 2011)

M (A Child), Re [2011] EWCA Civ 1161 (18 August 2011)

The judge was entitled to refuse the extension of the residential assessment as further assessment would not address the mother's entrenched psychological issues, and the process was not procedurally unfair as all parties had the opportunity to make full submissions; the decision was within the judge's discretion and not plainly wrong.

Citation
[2011] EWCA Civ 1161
Parties
First Appellant: Mother; Second Appellant: Father of K (Mr G); Respondent: Local Authorities; Respondent: Children (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
18 August 2011
Procedural Posture
Appeal (care Proceedings) / Appeal From Refusal to Extend S.38(6) Residential Assessment
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Section 38(6) Children Act 1989, Residential Assessment, Procedural Fairness, Parental Assessment Rights
Family Law Child Protection Care Proceedings Section 38(6) Children Act 1989 Residential Assessment Procedural Fairness Parental Assessment Rights

Case Brief

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Parties

Mother

First Appellant

Father of K (Mr G)

Second Appellant

Local Authorities

Respondent

Children (by Children's Guardian)

Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Refusal to Extend S.38(6) Residential Assessment

Legal Issues

  1. 1 Whether the refusal to extend the section 38(6) residential assessment was procedurally unfair
  2. 2 Whether the judge was plainly wrong in refusing the extension of assessment

Ratio Decidendi

The judge was entitled to refuse the extension of the residential assessment as further assessment would not address the mother's entrenched psychological issues, and the process was not procedurally unfair as all parties had the opportunity to make full submissions; the decision was within the judge's discretion and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Refusal to extend section 38(6) residential assessment at Orchard House is upheld
  • No further assessment ordered