Re H (Parents with Learning Difficulties: Risk of Harm)
[2023] EWCA Civ 59
Re C & Ors (Care Proceedings: Adequacy of Reasons)
30 March 2023
[2023] EWCA Civ 334
Court of Appeal
A judge made decisions about three children's future, but didn't explain his reasoning well enough. A higher court said the judge hadn't considered all the options properly, so they sent the case back to be decided again by a different judge.
Key Facts
- •Care proceedings concerning five children (A, B, C, D, E).
- •Appellant is mother of C, D, and E; father is father of all five.
- •Allegations of physical abuse of older children (A, B, C, D) by appellant and father's failure to protect.
- •Fact-finding hearing concluded with findings against both parents.
- •Final welfare hearing resulted in care orders for C, D, and E, and a placement order for E.
- •Appeal against care and placement orders.
- •E was removed from mother's care and placed in foster care.
Legal Principles
Interference with family life must be proportionate (Article 8 ECHR). Adoption is a last resort.
YC v United Kingdom (2012) 55 EHRR 967; Re B (Care Proceedings: Appeal) [2013] UKSC 33
Holistic evaluation of all realistic options, comparing advantages and disadvantages. Linear approach is inappropriate.
Re P (A Child) [2013] EWCA Civ 963; Re G (A Child) [2013] EWCA Civ 965; Re H-W (Children) [2022] UKSC 17
Proper evidence from local authority and guardian addressing all realistic options. Adequately reasoned judgment required.
Re B-S (Children) [2013] EWCA Civ 1146
Rigorous evaluation and comparison of all realistic possibilities, considering harm in family placement vs. harm from separation.
Re D (A Child: Placement Order) [2022] EWCA Civ 896
Judgments must adequately explain reasoning, evaluating evidence and explaining outcome choices.
Re B (A Child) (Adequacy of Reasons) [2022] EWCA Civ 407
Adequate reasoning is important for parties, professionals, and the child's future.
Re N-S [2017] EWCA Civ 1121
Judgement must provide sufficient information for future applications regarding placement or adoption orders.
Re S (Leave to Oppose Adoption Order: Appeal) [2021] EWCA Civ 605
Clarification of reasons should be used only for clarification, not re-arguing the case. Inappropriate if deficiencies are too significant.
Re I (Children) [2019] EWCA Civ 898; Re O (A Child) (Judgment: Adequacy of Reasons) [2021] EWCA Civ 149
Incorporating legal principles from counsel's submissions requires analysis within the judgment itself.
Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348
Outcomes
Appeal allowed; care and placement orders set aside.
Recorder's judgment lacked sufficient reasoning and analysis, failing to meet the required standard for care and placement orders. No holistic evaluation of options or adequate risk assessment was conducted.