B & M (Children), Re [2002] EWCA Civ 1385 (21 August 2002)

B & M (Children), Re [2002] EWCA Civ 1385 (21 August 2002)

The judge was entitled to weigh risks and evidence, found threshold criteria met but not sufficient to justify adoption; placement with grandmother, with supervision and safeguards, was proportionate and in the children's best interests under domestic and ECHR law.

Citation
[2002] EWCA Civ 1385
Parties
Applicant: Local Authority; First Respondent: Mother (D B); Second Respondent: Father (M G); Third Respondent: Paternal Grandmother (C G)
Jurisdiction
England and Wales
Judgment Date
21 August 2002
Procedural Posture
Appeal / Judgment on Appeal From Wolverhampton County Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Residence Order, Adoption, Welfare of Children, Threshold Criteria, European Convention on Human Rights Article 8
Family Law Child Protection Human Rights Care Proceedings Residence Order Adoption Welfare of Children Threshold Criteria +1 more

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Parties

Local Authority

Applicant

Mother (D B)

First Respondent

Father (M G)

Second Respondent

Paternal Grandmother (C G)

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Wolverhampton County Court

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 were met
  2. 2 Whether adoption or placement with grandmother was in the children's best interests
  3. 3 Application of Article 8 ECHR to permanent removal from birth family

Ratio Decidendi

The judge was entitled to weigh risks and evidence, found threshold criteria met but not sufficient to justify adoption; placement with grandmother, with supervision and safeguards, was proportionate and in the children's best interests under domestic and ECHR law.

Court Disposition

Appeal dismissed

Orders

  • Children to live with grandmother
  • Supervision order for one year