S & H-S (Children)

S & H-S (Children)

Despite lack of clarity in the judgment, the evidence and findings accepted by the judge established that as of 9 March 2017, L was suffering and likely to suffer significant emotional harm due to the mother's long-standing emotional instability and attachment difficulties, satisfying the threshold criteria under Children Act 1989 s.31.

Parties
Subject Children: S & H-S (Children); Appellant: Mother (Appellant); Respondent (local Authority): Kirklees Council; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
06 June 2018
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Leeds Family Court, Challenging Threshold Findings Under Children Act 1989 S.31
Outcome
Appeal dismissed; care order and threshold findings upheld.
Legal Topics
Care Orders, Threshold Criteria, Significant Harm, Emotional Harm, Attachment Theory, Judicial Reasoning, Appeal Procedure
Family Law Child Protection Care Orders Threshold Criteria Significant Harm Emotional Harm Attachment Theory Judicial Reasoning +1 more

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Parties

S & H-S (Children)

Subject Children

Mother (Appellant)

Appellant

Kirklees Council

Respondent (local Authority)

Father

Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Leeds Family Court, Challenging Threshold Findings Under Children Act 1989 S.31

Legal Issues

  1. 1 Whether the threshold criteria under Children Act 1989 s.31 were met for child L as at 9 March 2017
  2. 2 Whether the judge's findings on significant emotional harm were sufficiently precise and attributable to the mother's care
  3. 3 Whether the judgment and order adequately recorded threshold findings as required by law

Ratio Decidendi

Despite lack of clarity in the judgment, the evidence and findings accepted by the judge established that as of 9 March 2017, L was suffering and likely to suffer significant emotional harm due to the mother's long-standing emotional instability and attachment difficulties, satisfying the threshold criteria under Children Act 1989 s.31.

Court Disposition

Appeal dismissed; care order and threshold findings upheld.

Orders

  • Care order for L and siblings to remain in care of local authority.