M-H (A Child)

M-H (A Child)

The judge was plainly wrong to deny Mr F an independent viability assessment and to rely on the guardian to remedy the local authority's flawed assessment. The absence of a proper assessment was a critical gap, vitiating the judge's exercise of discretion and rendering the final orders unsafe.

Parties
Appellant: Mr F; First Respondent (local Authority): Tameside Metropolitan Borough Council; Third Respondent: K's Guardian; Second Respondent: Miss M (Mother)
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Final Care and Placement Orders
Outcome
Appeal allowed
Legal Topics
Care Orders, Placement Orders, Parental Assessment, Judicial Discretion, Children Act 1989
Family Law Child Protection Care Orders Placement Orders Parental Assessment Judicial Discretion Children Act 1989

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Parties

Mr F

Appellant

Tameside Metropolitan Borough Council

First Respondent (local Authority)

K's Guardian

Third Respondent

Miss M (Mother)

Second Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Final Care and Placement Orders

Legal Issues

  1. 1 Whether the judge erred in refusing an independent viability assessment of Mr F as a carer for K
  2. 2 Whether the judge's reliance on the guardian's assessment was misplaced
  3. 3 Whether the absence of a proper assessment vitiated the exercise of judicial discretion

Ratio Decidendi

The judge was plainly wrong to deny Mr F an independent viability assessment and to rely on the guardian to remedy the local authority's flawed assessment. The absence of a proper assessment was a critical gap, vitiating the judge's exercise of discretion and rendering the final orders unsafe.

Court Disposition

Appeal allowed

Orders

  • Final Care Order set aside and replaced with Interim Care Order
  • Placement Order set aside or suspended