W-M (Children)

W-M (Children)

The judge's approval of the care plans was flawed due to insufficient evidential material and lack of full consideration of all relevant factors; the matter should be remitted for further evidence and reconsideration.

Source-derived case information.

Parties
Appellant: Torfaen County Borough Council; Appellant: Mother; Appellant: Father; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
08 October 2009
Procedural Posture
Child Care and Adoption Appeal / Application for Permission to Appeal and Appeal
Outcome
appeal allowed in part; permission granted; care orders set aside; interim care orders substituted; case remitted for further consideration
Legal Topics
Care Orders, Adoption, Placement of Children, Remittal of Case
Family Law Child Care Care Orders Adoption Placement of Children Remittal of Case

Source-derived case record

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Parties

Torfaen County Borough Council

Appellant

Mother

Appellant

Father

Appellant

Guardian

Respondent

Procedural Posture

Child Care and Adoption Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the judge had sufficient evidential material to approve care plans involving separation and adoption of siblings
  2. 2 Whether the judge properly considered all statutory and relevant factors before approving care plans involving adoption

Ratio Decidendi

The judge's approval of the care plans was flawed due to insufficient evidential material and lack of full consideration of all relevant factors; the matter should be remitted for further evidence and reconsideration.

Court Disposition

appeal allowed in part; permission granted; care orders set aside; interim care orders substituted; case remitted for further consideration

Orders

  • Permission to appeal granted
  • Appeal allowed on limited basis