K & H (children), Re [2006] EWCA Civ 1898 (20 December 2006)

K & H (children), Re [2006] EWCA Civ 1898 (20 December 2006)

The judge below applied the wrong legal test for removal at the interim stage by not requiring that the child's safety necessitated removal, and the process was procedurally flawed; therefore, the interim care order must be substituted with an order that allows the children to remain with their father with safeguards.

Citation
[2006] EWCA Civ 1898
Parties
Appellant: Mr K; First Respondent: Hertfordshire County Council; Third Respondent: Guardian; Second Respondent: Second Respondent
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Appeal (children Act Proceedings) / Appeal From Interim Care Order Decision
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Removal of Children, Threshold Criteria, Case Management, Children's Representation
Family Law Child Protection Interim Care Orders Removal of Children Threshold Criteria Case Management Children's Representation

Case Brief

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Parties

Mr K

Appellant

Hertfordshire County Council

First Respondent

Guardian

Third Respondent

Second Respondent

Second Respondent

Procedural Posture

Appeal (children Act Proceedings) / Appeal From Interim Care Order Decision

Legal Issues

  1. 1 Whether the judge applied the correct legal test for removal of children under an interim care order
  2. 2 Whether the process below was procedurally fair and allowed for proper evidence
  3. 3 Whether the wishes and representation of the children were properly considered

Ratio Decidendi

The judge below applied the wrong legal test for removal at the interim stage by not requiring that the child's safety necessitated removal, and the process was procedurally flawed; therefore, the interim care order must be substituted with an order that allows the children to remain with their father with safeguards.

Court Disposition

Appeal allowed

Orders

  • Order below set aside and substituted with an interim care order allowing the children to remain with their father, subject to safeguards and undertakings.
  • Local authority not to remove the children from the father's care without notice and application to the court, save in emergency.