S (Minors), Re

S (Minors), Re

The removal of the children into short-term foster care was procedurally unfair and unlawful due to lack of adequate notice to the mother, insufficient grounds for immediate removal, failure to consider alternatives, and absence of proper balancing of the welfare of the children and the mother's rights. The judge's endorsement of the local authority's amended care plans was set aside.

Parties
Appellant: Mother; Respondent: Father; Respondent: Local Authority; Respondent: Children (by Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Interim Care Orders, Removal of Children, Procedural Fairness, Contact Arrangements, Injunctions, European Convention on Human Rights
Family Law Child Protection Interim Care Orders Removal of Children Procedural Fairness Contact Arrangements Injunctions European Convention on Human Rights

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Parties

Mother

Appellant

Father

Respondent

Local Authority

Respondent

Children (by Children’s Guardian)

Respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the removal of the children into short-term foster care was lawful and procedurally fair
  2. 2 Whether the mother was given adequate notice and opportunity to respond to the proposed removal
  3. 3 Whether the judge properly balanced the welfare of the children against the mother's rights

Ratio Decidendi

The removal of the children into short-term foster care was procedurally unfair and unlawful due to lack of adequate notice to the mother, insufficient grounds for immediate removal, failure to consider alternatives, and absence of proper balancing of the welfare of the children and the mother's rights. The judge's endorsement of the local authority's amended care plans was set aside.

Court Disposition

appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed