Darren Howe KC, leading Paul Froud, was instructed by James Walthall of Jackson West Solicitors on behalf of the Child, acting through her Children’s Guardian.
The case involved H, a child under two, whose four older siblings had already been adopted due to longstanding welfare issues. The local authority had sought a care order and placement for adoption, but the trial judge instead opted for a 12-month supervision order, citing the mother’s recent progress.
The local authority appealed the judge’s refusal to make a care order.
The Court of Appeal held that the judge had failed to properly weigh the historic risks against the mother’s improvements, had not adequately engaged with the professional evidence, and had given insufficient reasons for departing from expert recommendations. The judgment also criticised the judge’s failure to apply the statutory welfare checklist in a structured manner.
The appeal was allowed, the supervision order set aside, and the case remitted for an urgent rehearing before a different judge.
The full judgment is available here.
