M (A Child), Re

M (A Child), Re

The judge's refusal to extend the section 38(6) residential assessment was not procedurally unfair, as all parties had the opportunity to make submissions and no evidence was withheld that would have changed the outcome. The judge's decision was within the range of reasonable responses to the evidence, particularly given the mother's longstanding psychological issues and lack of progress, and the need to avoid further delay in the child's proceedings.

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

Case Brief

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Parties

Mother

First Appellant

Mr G (Father of K)

Second Appellant

Local Authorities

Respondent

Children (by their Children's Guardian)

Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Refusal to Extend Section 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 the residential assessment
  3. 3 Whether the parents were denied a fair opportunity to present their case

Ratio Decidendi

The judge's refusal to extend the section 38(6) residential assessment was not procedurally unfair, as all parties had the opportunity to make submissions and no evidence was withheld that would have changed the outcome. The judge's decision was within the range of reasonable responses to the evidence, particularly given the mother's longstanding psychological issues and lack of progress, and the need to avoid further delay in the child's proceedings.

Court Disposition

Appeal dismissed

Orders

  • No extension of the section 38(6) residential assessment
  • Care proceedings to continue without further residential assessment