Dawn and Meg (MINORS : APPEAL : PRACTICE AND PROCEDURE : OBLIGATIONS POST CARE ORDER) [2020] NIFam 10 (16 July 2020)

Dawn and Meg (MINORS : APPEAL : PRACTICE AND PROCEDURE : OBLIGATIONS POST CARE ORDER) [2020] NIFam 10 (16 July 2020)

The appeal was dismissed because the trial judge was not wrong in her assessment; she properly considered the evidence, including the mother's lack of engagement and the risks to the children, and there was no procedural or substantive error in approving the care plan for permanence via adoption.

Citation
[2020] NIFam 10
Parties
Appellant/respondent: AB; Respondent/applicant: A Health and Social Services Trust; Respondent: BD; Respondent: CF; Guardian: Guardian ad Litem
Jurisdiction
Northern Ireland
Judgment Date
16 July 2020
Procedural Posture
Family Law Appeal / Appeal From Family Care Centre Decision on Care Order
Outcome
Appeal dismissed
Legal Topics
Care Orders, Adoption, Article 8 ECHR, Parental Rights, Practice and Procedure, Post Care Order Obligations
Family Law Human Rights Care Orders Adoption Article 8 ECHR Parental Rights Practice and Procedure Post Care Order Obligations

Case Brief

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Parties

AB

Appellant/respondent

A Health and Social Services Trust

Respondent/applicant

BD

Respondent

CF

Respondent

Guardian ad Litem

Guardian

Procedural Posture

Family Law Appeal / Appeal From Family Care Centre Decision on Care Order

Legal Issues

  1. 1 Whether the trial judge erred in approving threshold criteria and care plan for permanence via adoption
  2. 2 Whether insufficient weight was given to changes in risk factors and the mother's circumstances
  3. 3 Whether procedural and substantive obligations under Article 8 ECHR were met

Ratio Decidendi

The appeal was dismissed because the trial judge was not wrong in her assessment; she properly considered the evidence, including the mother's lack of engagement and the risks to the children, and there was no procedural or substantive error in approving the care plan for permanence via adoption.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; care order and approved care plan for permanence via adoption stand
  • Trust to continue to review the mother's progress and circumstances in line with ECHR obligations