B & Anor, Re

B & Anor, Re

Due to lack of access to court bundles and unresolved evidentiary and legal issues, the permission to appeal application must be adjourned for full court consideration; a stay on placement is granted pending expedited hearing.

Parties
Applicant: Mother; Applicant: Father; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
01 August 2014
Procedural Posture
Family Appeal / Permission to Appeal Application
Outcome
permission application adjourned
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Proportionality, Evidence Assessment
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Proportionality Evidence Assessment

Case Brief

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Parties

Mother

Applicant

Father

Applicant

Local Authority

Respondent

Procedural Posture

Family Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether findings of fact and threshold for harm were properly established
  2. 2 Whether welfare analysis was based on direct or proximate risk to the child
  3. 3 Whether orders made were disproportionate to the risk

Ratio Decidendi

Due to lack of access to court bundles and unresolved evidentiary and legal issues, the permission to appeal application must be adjourned for full court consideration; a stay on placement is granted pending expedited hearing.

Court Disposition

permission application adjourned

Orders

  • stay granted on placement of both children until hearing
  • hearing to be expedited