W (A Child)

W (A Child)

The applications for permission to appeal are refused as they lack merit, do not engage with the substantive issues of the child's welfare, are stale given the imminent end of the orders upon the child's 18th birthday, and constitute an abuse of process.

Parties
Applicant: Ms W; Respondent: Local Authority; Subject: J (A Child)
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Care Proceedings / Application for Permission to Appeal
Outcome
applications refused
Legal Topics
Care Orders, Appeals, Parental Responsibility, Contact Orders
Family Law Child Protection Care Orders Appeals Parental Responsibility Contact Orders

Case Brief

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Parties

Ms W

Applicant

Local Authority

Respondent

J (A Child)

Subject

Procedural Posture

Care Proceedings / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against care and contact orders
  2. 2 Whether procedural irregularities or alleged bias justify appeal
  3. 3 Whether the section 31 threshold was properly established

Ratio Decidendi

The applications for permission to appeal are refused as they lack merit, do not engage with the substantive issues of the child's welfare, are stale given the imminent end of the orders upon the child's 18th birthday, and constitute an abuse of process.

Court Disposition

applications refused

Orders

  • Permission to appeal refused for all challenged orders