L (Children) (Rev 1)

L (Children) (Rev 1)

Given the unchallenged findings of significant harm due to lack of basic care, sexual risk, and lack of emotional attunement, no variant of the current regime leaving the children in their mother's care would meet their welfare needs. The only possible outcome was removal into foster care under a care order.

Parties
Appellant: Re L (Children); First Respondent: Devon County Council; Second Respondent: Second Respondent; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
27 July 2017
Procedural Posture
Appeal / Judgment on Appeal From Final Care Orders
Outcome
Appeal dismissed
Legal Topics
Care Orders, Supervision Orders, Welfare Checklist, Proportionality, Removal of Children, Parental Disability
Family Law Child Protection Care Orders Supervision Orders Welfare Checklist Proportionality Removal of Children Parental Disability

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Parties

Re L (Children)

Appellant

Devon County Council

First Respondent

Second Respondent

Second Respondent

Children’s Guardian

Children's Guardian

Procedural Posture

Appeal / Judgment on Appeal From Final Care Orders

Legal Issues

  1. 1 Whether the judge failed to properly consider the children's guardian's recommendations
  2. 2 Whether the judge's analysis of the Children Act 1989, s.1(3) Welfare Checklist was deficient
  3. 3 Whether the removal of the children from their mother's care was necessary and proportionate

Ratio Decidendi

Given the unchallenged findings of significant harm due to lack of basic care, sexual risk, and lack of emotional attunement, no variant of the current regime leaving the children in their mother's care would meet their welfare needs. The only possible outcome was removal into foster care under a care order.

Court Disposition

Appeal dismissed

Orders

  • Final care orders upheld; children to be removed from mother's care and placed in long-term foster care