A & B (Children), Re

A & B (Children), Re

The proposed appeals did not identify any arguable errors in the findings of fact or demonstrate procedural unfairness. The findings were largely accepted or unchallenged at trial. The orders made were necessary and proportionate to protect the children, and there was no breach of Article 8 ECHR. The applications for permission to appeal had no prospect of success and were refused.

Parties
Applicants/parents: Mr and Mrs A; Applicant/parent: Miss B; Respondent: Local Authority; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
09 November 2016
Procedural Posture
Care Proceedings (family Law) / Application for Permission to Appeal (post Final Orders)
Outcome
Permission to appeal refused for all applicants on all grounds.
Legal Topics
Care Orders, Adoption, Appeals, Fact Finding, Confidentiality, Litigants in Person
Family Law Child Protection Care Orders Adoption Appeals Fact Finding Confidentiality Litigants in Person

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Parties

Mr and Mrs A

Applicants/parents

Miss B

Applicant/parent

Local Authority

Respondent

Children's Guardian

Interested Party

Procedural Posture

Care Proceedings (family Law) / Application for Permission to Appeal (post Final Orders)

Legal Issues

  1. 1 Whether the applicants have arguable grounds to appeal findings of fact and final care/adoption orders
  2. 2 Whether procedural fairness was afforded to litigants in person under confidentiality restrictions
  3. 3 Whether the orders breached Article 8 ECHR rights to family life

Ratio Decidendi

The proposed appeals did not identify any arguable errors in the findings of fact or demonstrate procedural unfairness. The findings were largely accepted or unchallenged at trial. The orders made were necessary and proportionate to protect the children, and there was no breach of Article 8 ECHR. The applications for permission to appeal had no prospect of success and were refused.

Court Disposition

Permission to appeal refused for all applicants on all grounds.

Orders

  • Applications for permission to appeal dismissed.
  • No further orders made.