Y (A Child), Re

Y (A Child), Re

The appeal was allowed because the judge below failed to adequately identify and evaluate risk, lacked rigorous analysis of proportionality, and was not assisted by sufficient relevant evidence, particularly from the local authority. The case was remitted for rehearing before a new judge.

Parties
Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third and Fourth Respondents: Children (TR and LL) by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
03 October 2013
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed, case remitted for rehearing
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Proportionality, Evidence Assessment
Family Law Child Protection Care Orders Placement Orders Threshold Criteria Proportionality Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children (TR and LL) by their Children’s Guardian

Third and Fourth Respondents

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the threshold criteria for statutory intervention were met
  2. 2 Adequacy of risk identification and evaluation
  3. 3 Proportionality of care and placement orders

Ratio Decidendi

The appeal was allowed because the judge below failed to adequately identify and evaluate risk, lacked rigorous analysis of proportionality, and was not assisted by sufficient relevant evidence, particularly from the local authority. The case was remitted for rehearing before a new judge.

Court Disposition

appeal allowed, case remitted for rehearing

Orders

  • Application remitted to a new judge to be allocated by the Family Division Liaison Judge for the Western Circuit
  • Urgent reconsideration required