N (Children) (Interim Care), Re

N (Children) (Interim Care), Re

The removal of the children from their grandparents was disproportionate and not justified by the evidence; the emotional harm from removal outweighed speculative risks of harm from remaining. A psychological assessment was necessary to resolve issues regarding the children's welfare.

Parties
Appellant: NP; Appellant: JP; Appellant: GP; Respondent: A Local Authority; Respondent: NN; Respondent: TN; Respondent: JN; Respondent: AN
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Care Proceedings / Appeal Against Interim Care Orders and Refusal of Psychological Assessment
Outcome
appeals allowed
Legal Topics
Interim Care Orders, Child Arrangements, Psychological Assessment, Removal of Children, Welfare Checklist, Proportionality, Case Management
Family Law Child Protection Interim Care Orders Child Arrangements Psychological Assessment Removal of Children Welfare Checklist Proportionality +1 more

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Parties

NP

Appellant

JP

Appellant

GP

Appellant

A Local Authority

Respondent

NN

Respondent

TN

Respondent

JN

Respondent

AN

Respondent

Procedural Posture

Care Proceedings / Appeal Against Interim Care Orders and Refusal of Psychological Assessment

Legal Issues

  1. 1 Whether removal of children from grandparents under interim care order was necessary and proportionate
  2. 2 Whether refusal to permit psychological assessment was correct

Ratio Decidendi

The removal of the children from their grandparents was disproportionate and not justified by the evidence; the emotional harm from removal outweighed speculative risks of harm from remaining. A psychological assessment was necessary to resolve issues regarding the children's welfare.

Court Disposition

appeals allowed

Orders

  • interim care orders discharged
  • child arrangements orders made for children to reside with grandparents