D (A Child)

D (A Child)

The proposed appeal was not arguable because the recorder's decision to refuse interim residence to Mrs T was a proportionate response to M's needs and circumstances, did not infringe Article 8 rights, and was based on findings of fact that showed Mrs T's home was not suitable for M's care at that time.

Parties
Applicant: Mrs T; Respondent: Milton Keynes Council; Respondent: M's mother; Respondent: M's father; Respondent: M (a child)
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Care Proceedings (child Protection) / Application for Permission to Appeal (interlocutory)
Outcome
permission to appeal refused
Legal Topics
Interim Care Orders, Residence of Child, Adoption, Article 8 ECHR, Appeal Procedure
Family Law Child Protection Interim Care Orders Residence of Child Adoption Article 8 ECHR Appeal Procedure

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Parties

Mrs T

Applicant

Milton Keynes Council

Respondent

M's mother

Respondent

M's father

Respondent

M (a child)

Respondent

Procedural Posture

Care Proceedings (child Protection) / Application for Permission to Appeal (interlocutory)

Legal Issues

  1. 1 Whether the recorder erred in refusing to grant interim residence of M to Mrs T
  2. 2 Whether the recorder's order infringed Article 8 rights of Mrs T and M
  3. 3 Whether the refusal to adjourn for oral evidence from Mr Flatman was erroneous

Ratio Decidendi

The proposed appeal was not arguable because the recorder's decision to refuse interim residence to Mrs T was a proportionate response to M's needs and circumstances, did not infringe Article 8 rights, and was based on findings of fact that showed Mrs T's home was not suitable for M's care at that time.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal refused
  • No order for costs