S & C (Children)

S & C (Children)

The trial judge failed to adequately consider and weigh all evidence regarding the children's wishes and feelings, particularly by omitting reference to schedule 2 reports and oral evidence from the applicants. This was a material deficiency requiring the appeal to be allowed and the matter remitted for retrial. In respect of T, the agreement of the relevant adults and the welfare of the child justified making an adoption order.

Parties
Appellant: Mr and Mrs C; First Respondent: VS (Mrs S); Second Respondent: Children's Guardian; Third Respondent: West Sussex County Council
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Adoption/family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Adoption, Children's Welfare, Children's Wishes and Feelings, Residence Orders, Special Guardianship
Family Law Adoption Children's Welfare Children's Wishes and Feelings Residence Orders Special Guardianship

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 1 Party arguments 2
Sign in to unlock

Parties

Mr and Mrs C

Appellant

VS (Mrs S)

First Respondent

Children's Guardian

Second Respondent

West Sussex County Council

Third Respondent

Procedural Posture

Adoption/family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge adequately considered the children's wishes and feelings in the adoption application
  2. 2 Whether the judge's reliance on the guardian's report to the exclusion of other evidence was proper
  3. 3 Whether an adoption order should be made in respect of T

Ratio Decidendi

The trial judge failed to adequately consider and weigh all evidence regarding the children's wishes and feelings, particularly by omitting reference to schedule 2 reports and oral evidence from the applicants. This was a material deficiency requiring the appeal to be allowed and the matter remitted for retrial. In respect of T, the agreement of the relevant adults and the welfare of the child justified making an adoption order.

Court Disposition

Appeal allowed

Orders

  • Order allowing the appeal
  • Application remitted for retrial in Brighton County Court before another judge