Surrey County Council v S
The judge's welfare and proportionality analysis, though marginal and difficult, was sufficient and reasoned. She was entitled to depart from professional recommendations, and the evidence did not establish that adoption was necessary. There was no error of law or inconsistency justifying appellate intervention.
Source-derived case information.
- Parties
- Appellant: Surrey County Council; Respondent: S
- Jurisdiction
- England and Wales
- Judgment Date
- 15 May 2014
- Procedural Posture
- Appeal (care Proceedings) / Judgment on Appeal From Final Orders in Care Proceedings
- Outcome
- Appeal dismissed
- Legal Topics
- Care Orders, Supervision Orders, Adoption, Welfare Analysis, Proportionality, Threshold Criteria
Source-derived case record
Summary, issues, holding and outcome
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Parties
Surrey County Council
Appellant
S
Respondent
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Final Orders in Care Proceedings
Legal Issues
- 1 Whether the trial judge erred in granting supervision orders rather than care orders with a view to adoption
- 2 Whether the judge failed to give adequate reasons for departing from professional recommendations
- 3 Whether the judge's welfare and proportionality analysis was sufficient
Ratio Decidendi
The judge's welfare and proportionality analysis, though marginal and difficult, was sufficient and reasoned. She was entitled to depart from professional recommendations, and the evidence did not establish that adoption was necessary. There was no error of law or inconsistency justifying appellate intervention.
Court Disposition
Appeal dismissed
Orders
- The appeal by Surrey County Council is dismissed.
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