B (A Child)

B (A Child)

The trial judge was entitled to find that the threshold criteria for a care order were satisfied due to the parents' ongoing dishonesty, personality disorders, inability to cooperate with professionals, and risk of emotional and physical harm to the child. Permanent removal and adoption was a proportionate response given the lack of confidence in the parents' ability to engage with professionals and safeguard the child. The appellate court found no error exceeding the ambit of reasonable disagreement and dismissed the appeal.

Parties
Appellant: MM (M); Appellant: JB (F); 1st Respondent: London Borough of Barnet; 2nd Respondent: Nicola Harries Solicitors; Respondent: Respondent Guardian
Jurisdiction
England and Wales
Judgment Date
14 November 2012
Procedural Posture
Care Order Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Care Orders, Significant Harm, Threshold Criteria, Welfare Principle, Adoption, Parental Rights, Proportionality, State Intervention
Family Law Child Protection Care Orders Significant Harm Threshold Criteria Welfare Principle Adoption Parental Rights +2 more

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Parties

MM (M)

Appellant

JB (F)

Appellant

London Borough of Barnet

1st Respondent

Nicola Harries Solicitors

2nd Respondent

Respondent Guardian

Respondent

Procedural Posture

Care Order Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether threshold criteria for care order under section 31(1)(a) Children Act 1989 were satisfied
  2. 2 Whether permanent removal and adoption was a proportionate response to the risks identified
  3. 3 Whether the judge erred in evaluating expert evidence and parental conduct

Ratio Decidendi

The trial judge was entitled to find that the threshold criteria for a care order were satisfied due to the parents' ongoing dishonesty, personality disorders, inability to cooperate with professionals, and risk of emotional and physical harm to the child. Permanent removal and adoption was a proportionate response given the lack of confidence in the parents' ability to engage with professionals and safeguard the child. The appellate court found no error exceeding the ambit of reasonable disagreement and dismissed the appeal.

Court Disposition

appeal dismissed

Orders

  • care order confirmed
  • child to be placed for adoption as per local authority plan