D O'H (Children), Re

D O'H (Children), Re

The judge was entitled to refuse a further parenting assessment as sufficient evidence was available, including psychological reports and oral evidence, and the mother had not engaged with recommended interventions. The judge acted within her discretion to order a sibling attachment assessment and adjourn the placement application. The care plan was sufficiently settled to justify a final care order, with only the issue of post-adoption contact left open. The appeals were dismissed.

Parties
Appellant: Mother; First Respondent: Birmingham City Council; Second Respondent: Father; Third Respondent: N (Child); Fourth Respondent: L (Child) via Guardian
Jurisdiction
England and Wales
Judgment Date
10 August 2011
Procedural Posture
Appeal / Judgment on Appeal From Birmingham Civil Justice Centre, Permission to Appeal Granted, Substantive Appeals Determined
Outcome
Appeal dismissed
Legal Topics
Care Orders, Adoption, Parenting Assessment, Sibling Attachment, Contact Arrangements
Family Law Child Protection Care Orders Adoption Parenting Assessment Sibling Attachment Contact Arrangements

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Parties

Mother

Appellant

Birmingham City Council

First Respondent

Father

Second Respondent

N (Child)

Third Respondent

L (Child) via Guardian

Fourth Respondent

Procedural Posture

Appeal / Judgment on Appeal From Birmingham Civil Justice Centre, Permission to Appeal Granted, Substantive Appeals Determined

Legal Issues

  1. 1 Whether the refusal to order a parenting assessment under Section 38(6) Children Act was correct
  2. 2 Whether the making of final care orders was appropriate
  3. 3 Whether the judge was correct to order an assessment of sibling attachment and adjourn the placement application

Ratio Decidendi

The judge was entitled to refuse a further parenting assessment as sufficient evidence was available, including psychological reports and oral evidence, and the mother had not engaged with recommended interventions. The judge acted within her discretion to order a sibling attachment assessment and adjourn the placement application. The care plan was sufficiently settled to justify a final care order, with only the issue of post-adoption contact left open. The appeals were dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal granted
  • Mother's appeal against refusal of parenting assessment dismissed