P-S (Children) [2009] EWCA Civ 305 (11 February 2009)

P-S (Children) [2009] EWCA Civ 305 (11 February 2009)

The judge correctly directed himself as to the law, exercised broad discretion, and sufficiently reasoned his conclusion regarding partial removal; no grounds exist for granting permission to appeal.

Source-derived case information.

Citation
[2009] EWCA Civ 305
Parties
Appellant: Mother; First Respondent: Northumberland County Council; Second Respondent: Mr D; Third Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused.
Legal Topics
Interim Care Orders, Removal of Children, Discretionary Judicial Decisions
Family Law Interim Care Orders Removal of Children Discretionary Judicial Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Northumberland County Council

First Respondent

Mr D

Second Respondent

Guardian

Third Respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in granting a partial removal of two younger children to foster care during interlocutory stages
  2. 2 Whether the mother had sufficient opportunity to address the judge's concerns

Ratio Decidendi

The judge correctly directed himself as to the law, exercised broad discretion, and sufficiently reasoned his conclusion regarding partial removal; no grounds exist for granting permission to appeal.

Court Disposition

Application for permission to appeal refused.

Orders

  • Application refused.