K (Children) [2012] EWCA Civ 1433 (07 November 2012)

K (Children) [2012] EWCA Civ 1433 (07 November 2012)

The trial judge's findings of fact regarding abuse and parental incapacity to change were unassailable, and her exercise of discretion in making care and placement orders was well within the ambit of her authority. There was no realistic prospect of success on appeal.

Citation
[2012] EWCA Civ 1433
Parties
Appellants: K (Children); Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Application for Permission to Appeal / Permission to Appeal Refused
Outcome
permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Adoption, Judicial Discretion, Findings of Fact
Family Law Child Protection Care Orders Placement Orders Adoption Judicial Discretion Findings of Fact

Case Brief

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Parties

K (Children)

Appellants

Local Authority

Respondent

Procedural Posture

Application for Permission to Appeal / Permission to Appeal Refused

Legal Issues

  1. 1 Whether the trial judge erred in making care and placement orders for the children
  2. 2 Whether findings of fact regarding abuse and parental capacity to change were sustainable
  3. 3 Whether the judge's exercise of discretion was plainly wrong

Ratio Decidendi

The trial judge's findings of fact regarding abuse and parental incapacity to change were unassailable, and her exercise of discretion in making care and placement orders was well within the ambit of her authority. There was no realistic prospect of success on appeal.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal refused.