A & B (Children), Re [2016] EWCA Civ 1101 (09 November 2016)

A & B (Children), Re [2016] EWCA Civ 1101 (09 November 2016)

The applicants failed to identify any arguable error in the judge's findings or orders; most findings were accepted or not challenged at trial, and procedural complaints were unsubstantiated. The orders made were necessary and proportionate to protect the children's welfare, and there was no breach of Article 8 ECHR. The proposed appeals had no prospect of success.

Citation
[2016] EWCA Civ 1101
Parties
Applicants/parents: Mr and Mrs A; Applicant/parent: Miss B; Respondent: Local Authority; Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
09 November 2016
Procedural Posture
Appeal (permission to Appeal) / Application for Permission to Appeal From Final Care and Placement Orders
Outcome
permission to appeal refused
Legal Topics
Care Orders, Placement for Adoption, Fact Finding, Appeal Procedure, Confidentiality, Fair Trial, Article 8 ECHR
Family Law Child Protection Public Law Children Care Orders Placement for Adoption Fact Finding Appeal Procedure Confidentiality +2 more

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Parties

Mr and Mrs A

Applicants/parents

Miss B

Applicant/parent

Local Authority

Respondent

Children's Guardian

Respondent

Procedural Posture

Appeal (permission to Appeal) / Application for Permission to Appeal From Final Care and Placement Orders

Legal Issues

  1. 1 Whether the applicants had arguable grounds to appeal the findings of fact and final care/placement orders made by the High Court, Family Division
  2. 2 Whether the process was fair given the applicants' lack of legal representation and learning difficulties
  3. 3 Whether the orders breached Article 8 ECHR rights

Ratio Decidendi

The applicants failed to identify any arguable error in the judge's findings or orders; most findings were accepted or not challenged at trial, and procedural complaints were unsubstantiated. The orders made were necessary and proportionate to protect the children's welfare, and there was no breach of Article 8 ECHR. The proposed appeals had no prospect of success.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal refused to all applicants on all grounds.