Re C & Ors (Care Proceedings: Adequacy of Reasons)
[2023] EWCA Civ 334
N (A Child) (Care Order: Welfare Evaluation), Re
2 August 2024
[2024] EWCA Civ 938
Court of Appeal
A judge ordered a child to live with his potentially abusive father in Italy. A higher court reversed this, saying the judge didn't properly consider all the options and the risks, and didn't check properly what support would be available in Italy. The higher court sent the case back to be decided again, fairly.
Key Facts
- •Appeal against a care order requiring a child (N) to move to Italy with his father.
- •Complex case involving three children, three fathers, and a mother residing in England.
- •Serious findings of violence and manipulation against the father.
- •Limited assessment by Italian social services due to insufficient information provided.
- •Dispute over N's placement: Local Authority, mother, and Guardian advocated for N to remain in foster care in England.
- •The father sought an order for N to live with him in Italy.
Legal Principles
Paramount consideration of the child's welfare.
Children Act 1989
No presumption in favour of a parent in welfare decisions.
Re H (A Child) (Appeal) [2016] 2 FLR 1173, Re W (Adoption: Approach to Long-Term Welfare) [2017] 2 FLR 31
Rigorous balancing exercise required in welfare decisions.
Re H-W (children) [2022] 4 All ER 683
Adequate assessment and scrutiny of foreign social services.
Re V-Z (Children) [2016] EWCA Civ 475
Outcomes
Appeal allowed; matter remitted for rehearing.
The Judge failed to undertake the required balancing exercise, improperly tilting the analysis towards placement with the father. The limited assessment from Italian social services and insufficient consideration of the risks associated with the father's placement were also cited.