S (A Child)

S (A Child)

The appeal was dismissed because the judge at first instance was entitled to find that the mother lacked sufficient insight into the risks posed by the father, had been dishonest about her relationship with him, and that no realistic or appropriate services could sufficiently minimise the risk to D. The absence of a further assessment was justified given the circumstances and findings.

Parties
Appellant: Mother of D; 1st Respondent: Salford City Council; 2nd Respondent: D (A Child)
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Appeal Family Law (placement Order) / Appeal From Family Court Decision
Outcome
Appeal dismissed
Legal Topics
Placement Orders, Adoption, Parental Rights, Child Welfare, Risk Assessment
Family Law Child Protection Placement Orders Adoption Parental Rights Child Welfare Risk Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mother of D

Appellant

Salford City Council

1st Respondent

D (A Child)

2nd Respondent

Procedural Posture

Appeal Family Law (placement Order) / Appeal From Family Court Decision

Legal Issues

  1. 1 Whether the mother was wrongly deprived of an opportunity to demonstrate improved parenting and capacity to be a sole carer by the absence of a safe parenting assessment
  2. 2 Whether there was a viable and realistic alternative to adoption for the child D

Ratio Decidendi

The appeal was dismissed because the judge at first instance was entitled to find that the mother lacked sufficient insight into the risks posed by the father, had been dishonest about her relationship with him, and that no realistic or appropriate services could sufficiently minimise the risk to D. The absence of a further assessment was justified given the circumstances and findings.

Court Disposition

Appeal dismissed

Orders

  • Placement order in respect of D affirmed
  • No further assessment of the mother to be conducted