K (Child: Placement options: Concurrent planning), Re

K (Child: Placement options: Concurrent planning), Re

The Judge was entitled to prefer the evidence of the children's guardian over the local authority, properly applied the welfare checklist, and conducted a sufficient analysis of the placement options. The criticisms of the Judge's reasoning are unfounded, and the appeal has no prospect of success.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Child (through Guardian)
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Family Law Appeal / Application for Permission to Appeal and Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Child Placement, Adoption, Care Orders, Special Guardianship Orders, Appeals Procedure
Family Law Child Placement Adoption Care Orders Special Guardianship Orders Appeals Procedure

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Parties

Local Authority

Applicant

Mother

Respondent

Child (through Guardian)

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the District Judge was plainly wrong to prefer the recommendations of the children's guardian over the local authority's social work team
  2. 2 Whether the Judge failed to properly apply the welfare checklist under s 1(4) of the Adoption and Children Act 2002
  3. 3 Whether the Judge erred in her analysis of placement options for the child K

Ratio Decidendi

The Judge was entitled to prefer the evidence of the children's guardian over the local authority, properly applied the welfare checklist, and conducted a sufficient analysis of the placement options. The criticisms of the Judge's reasoning are unfounded, and the appeal has no prospect of success.

Court Disposition

Application for permission to appeal refused