H (A Child). Re

H (A Child). Re

The judge made no error of law and acted within the broad discretion afforded to him. The findings of fact were properly open to him on the evidence, and there was no procedural irregularity or breach of rights. There is no real prospect of success on appeal.

Parties
Appellant: SH; Appellant: VW; Respondent: Suffolk County Council
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Care Orders, Adoption Orders, Appeals Procedure, Standard of Proof, Judicial Discretion
Family Law Child Protection Care Orders Adoption Orders Appeals Procedure Standard of Proof Judicial Discretion

Case Brief

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Parties

SH

Appellant

VW

Appellant

Suffolk County Council

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in law or exceeded his discretion in making care and placement orders for DH
  2. 2 Whether findings of fact were properly open to the judge on the evidence
  3. 3 Whether there was any procedural irregularity or breach of ECHR rights

Ratio Decidendi

The judge made no error of law and acted within the broad discretion afforded to him. The findings of fact were properly open to him on the evidence, and there was no procedural irregularity or breach of rights. There is no real prospect of success on appeal.

Court Disposition

application for permission to appeal refused