P (A Child)

P (A Child)

The judge placed disproportionate weight on historic dishonesty and failed to properly balance it against the mother's genuine and significant progress in sobriety and insight. The evidence justified a six-month adjournment to assess whether the mother could safely care for the child. The making of a placement order was disproportionate and not required by the child's welfare at that stage.

Parties
Subject: P (A Child); Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
28 June 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Care Order, Placement Order, Adjournment, Child Welfare, Parental Rights, Alcoholism, Adoption
Family Law Care Order Placement Order Adjournment Child Welfare Parental Rights Alcoholism Adoption

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Parties

P (A Child)

Subject

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application for an adjournment
  2. 2 Whether the judge was correct to make a placement order for adoption
  3. 3 Whether the mother's progress in sobriety and insight justified delay

Ratio Decidendi

The judge placed disproportionate weight on historic dishonesty and failed to properly balance it against the mother's genuine and significant progress in sobriety and insight. The evidence justified a six-month adjournment to assess whether the mother could safely care for the child. The making of a placement order was disproportionate and not required by the child's welfare at that stage.

Court Disposition

appeal allowed

Orders

  • Order made by the judge set aside
  • Interim care order granted