A (a child), Re [2007] EWCA Civ 916 (29 August 2007)

A (a child), Re [2007] EWCA Civ 916 (29 August 2007)

The applicant had no realistic prospect of appeal as the judge's findings regarding parental and grandparental capacity, threshold criteria, and reliance on evidence were justified and open to her; delay in appeal notice was substantial and not legitimate.

Source-derived case information.

Citation
[2007] EWCA Civ 916
Parties
Applicant: Mrs A; Local Authority: Rotherham Metropolitan Borough Council; First Respondent: C's mother; Second Respondent: C's father; Third and Fourth Respondents: Maternal grandparents; Fifth Respondent: C (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
29 August 2007
Procedural Posture
Appeal / Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Residence Orders, Adoption, Threshold Criteria, Parental Capacity
Family Law Child Protection Care Orders Placement Orders Residence Orders Adoption Threshold Criteria Parental Capacity

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Parties

Mrs A

Applicant

Rotherham Metropolitan Borough Council

Local Authority

C's mother

First Respondent

C's father

Second Respondent

Maternal grandparents

Third and Fourth Respondents

C (by Children's Guardian)

Fifth Respondent

Procedural Posture

Appeal / Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing leave to apply for a residence order
  2. 2 Whether the threshold for a care order under s.31 Children Act 1989 was properly crossed
  3. 3 Whether the judge erred in relying on historical evidence of neglect

Ratio Decidendi

The applicant had no realistic prospect of appeal as the judge's findings regarding parental and grandparental capacity, threshold criteria, and reliance on evidence were justified and open to her; delay in appeal notice was substantial and not legitimate.

Court Disposition

permission to appeal refused

Orders

  • application for permission to appeal refused
  • extension of time refused