W-P (Children)

W-P (Children)

The judge was entitled to make threshold findings against the mother based on evidence of domestic abuse and her conduct, and to prefer a SGO over a CAO to provide stability for the children with their grandparents. The judge’s analysis, though thin, was sufficient and the evidence justified the orders made. The appeal did not demonstrate that the findings or orders were irrational or unsupported by evidence.

Parties
Subject Children: W-P (Children); Appellant: Mother; Respondent Local Authority: Kent County Council; Respondent Father: Father; Respondent Grandparents: Paternal Grandparents; Respondent Children: Children (through Guardian)
Jurisdiction
England and Wales
Judgment Date
03 July 2019
Procedural Posture
Appeal (family/care Proceedings) / Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Special Guardianship Orders, Child Arrangements Orders, Care Proceedings, Threshold Criteria, Welfare Checklist, Parental Responsibility
Family Law Child Protection Special Guardianship Orders Child Arrangements Orders Care Proceedings Threshold Criteria Welfare Checklist Parental Responsibility

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Parties

W-P (Children)

Subject Children

Mother

Appellant

Kent County Council

Respondent Local Authority

Father

Respondent Father

Paternal Grandparents

Respondent Grandparents

Children (through Guardian)

Respondent Children

Procedural Posture

Appeal (family/care Proceedings) / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether threshold findings against the mother were justified
  2. 2 Whether a Special Guardianship Order (SGO) was proportionate or a Child Arrangements Order (CAO) was more appropriate
  3. 3 Whether the judge's analysis and reasoning were adequate

Ratio Decidendi

The judge was entitled to make threshold findings against the mother based on evidence of domestic abuse and her conduct, and to prefer a SGO over a CAO to provide stability for the children with their grandparents. The judge’s analysis, though thin, was sufficient and the evidence justified the orders made. The appeal did not demonstrate that the findings or orders were irrational or unsupported by evidence.

Court Disposition

Appeal dismissed

Orders

  • Special Guardianship Order in favour of paternal grandparents upheld
  • Supervision Order upheld