B (A Child)

B (A Child)

The judge was entitled to refuse the applications for assessment given the trenchant findings of unreliability, denial, and risk posed by both parents. To interfere would undermine the judge's discretion in a fact-dependent context, especially after grave findings of injury to the child.

Parties
Applicant: Mother; Applicant: Father; Respondent: Local Authority; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
08 July 2008
Procedural Posture
Child Protection / Care Proceedings / Application for Permission to Appeal (post Fact Finding, Pre Disposal Hearing)
Outcome
Applications for permission to appeal refused
Legal Topics
Section 38(6) Assessment, Fact Finding Hearing, Discretion of Trial Judge, Appeal Against Refusal of Assessment
Family Law Child Protection Section 38(6) Assessment Fact Finding Hearing Discretion of Trial Judge Appeal Against Refusal of Assessment

Case Brief

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Parties

Mother

Applicant

Father

Applicant

Local Authority

Respondent

Guardian

Respondent

Procedural Posture

Child Protection / Care Proceedings / Application for Permission to Appeal (post Fact Finding, Pre Disposal Hearing)

Legal Issues

  1. 1 Whether the trial judge erred in refusing applications for assessment under Section 38(6) after findings of serious injury to a child
  2. 2 Whether refusal of assessment was a proper exercise of judicial discretion

Ratio Decidendi

The judge was entitled to refuse the applications for assessment given the trenchant findings of unreliability, denial, and risk posed by both parents. To interfere would undermine the judge's discretion in a fact-dependent context, especially after grave findings of injury to the child.

Court Disposition

Applications for permission to appeal refused

Orders

  • Both applications for permission to appeal are refused