W (Children) [2014] EWCA Civ 1492 (20 November 2014)

W (Children) [2014] EWCA Civ 1492 (20 November 2014)

The appeal was dismissed because the first instance judge was entitled to rely on the evidence before him, including the chronology and Ms B's responses, gave appropriate weight to historical issues, considered the welfare checklist, and was not required to obtain further expert evidence. The decision to order adoption was not disproportionate or procedurally unfair.

Citation
[2014] EWCA Civ 1492
Parties
Applicant: Ms B; 1st Respondent: N County Council; 2nd Respondent: Miss E; 3rd Respondent: Father (M)
Jurisdiction
England and Wales
Judgment Date
20 November 2014
Procedural Posture
Appeal / Judgment on Appeal From Care and Placement Orders
Outcome
appeal dismissed
Legal Topics
Care Orders, Placement Orders, Adoption, Special Guardianship, Welfare Checklist, Proportionality, Assessment of Carers, Mental Health in Family Proceedings
Family Law Child Protection Care Orders Placement Orders Adoption Special Guardianship Welfare Checklist Proportionality +2 more

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Parties

Ms B

Applicant

N County Council

1st Respondent

Miss E

2nd Respondent

Father (M)

3rd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Care and Placement Orders

Legal Issues

  1. 1 Whether the first instance court failed to properly investigate or evaluate the factual basis of concerns regarding the paternal grandmother's parenting
  2. 2 Whether disproportionate weight was given to historical issues
  3. 3 Whether the absence of expert psychiatric or psychological evidence was a procedural irregularity

Ratio Decidendi

The appeal was dismissed because the first instance judge was entitled to rely on the evidence before him, including the chronology and Ms B's responses, gave appropriate weight to historical issues, considered the welfare checklist, and was not required to obtain further expert evidence. The decision to order adoption was not disproportionate or procedurally unfair.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; care and placement orders in favour of N County Council upheld.