C (A Child), Re

C (A Child), Re

There is an arguable ground of appeal that the Recorder may have been plainly wrong in striking the balance between adoption and placement with the grandparents, particularly in the weight given to the grandparents' successful parenting of two children without disabilities versus the identified risk factors. Permission to appeal out of time is granted.

Parties
Appellant: Maternal Grandparents; First Respondent: Rotherham Metropolitan Borough Council; Second Respondent: Mother; Third Respondent: Child (through Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2012
Procedural Posture
Appeal / Application for Permission to Appeal Out of Time
Outcome
Permission to appeal out of time granted
Legal Topics
Care Orders, Adoption, Welfare of the Child, Permission to Appeal Out of Time
Family Law Child Law Care Orders Adoption Welfare of the Child Permission to Appeal Out of Time

Case Brief

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Parties

Maternal Grandparents

Appellant

Rotherham Metropolitan Borough Council

First Respondent

Mother

Second Respondent

Child (through Guardian)

Third Respondent

Procedural Posture

Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the Recorder erred in law or was plainly wrong in striking the balance between adoption and placement with grandparents
  2. 2 Whether the Recorder gave adequate weight to the grandparents' successful parenting of two children without disabilities
  3. 3 Whether the identified risk factors justified the decision against the grandparents

Ratio Decidendi

There is an arguable ground of appeal that the Recorder may have been plainly wrong in striking the balance between adoption and placement with the grandparents, particularly in the weight given to the grandparents' successful parenting of two children without disabilities versus the identified risk factors. Permission to appeal out of time is granted.

Court Disposition

Permission to appeal out of time granted

Orders

  • Application for permission to appeal out of time is granted
  • Appeal to proceed with utmost urgency