G (A Child) [2013] EWCA Civ 965 (30 July 2013)

G (A Child) [2013] EWCA Civ 965 (30 July 2013)

Both the district judge and the circuit judge failed to conduct the required holistic welfare balancing exercise and proportionality review; the appeal must be allowed, the care order set aside, and the matter remitted for rehearing.

Source-derived case information.

Citation
[2013] EWCA Civ 965
Parties
Appellant: M (Mother); Respondent Local Authority: London Borough of Southwark; Respondent Child: J (Child)
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Care Proceedings Appeal / Second Appeal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Care Orders, Welfare Balancing Exercise, Proportionality, Article 8 ECHR, Appellate Review, Supervision Orders
Family Law Child Protection Human Rights Care Orders Welfare Balancing Exercise Proportionality Article 8 ECHR Appellate Review +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M (Mother)

Appellant

London Borough of Southwark

Respondent Local Authority

J (Child)

Respondent Child

Procedural Posture

Care Proceedings Appeal / Second Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the judge conducted a proper welfare balancing exercise before making a full care order
  2. 2 Whether the circuit judge on appeal conducted an adequate review of proportionality

Ratio Decidendi

Both the district judge and the circuit judge failed to conduct the required holistic welfare balancing exercise and proportionality review; the appeal must be allowed, the care order set aside, and the matter remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • Care order set aside
  • Interim care order reactivated for 28 days