Thursday 29th July 2021
This is an appeal the decision of HHJ Campbell, sitting in the Family Court – Leeds, dated 8 March 2021. The Mother seeks to appeal against the making of a Care and Placement Order.
The case concerns A, B, C & D children. The father of C and D is S. The father of A and B played no part in the proceedings. Care proceedings were issued in November 2019 following concerns regarding the parents’ violent and inconsistent relationship which has led to number of incidents of domestic violence where police have been called to the home address by M who subsequently declines to support any prosecution. A number of these domestic violence incidents occurred when the children have been in the house and on occasion witnessed the incident. The Court also found as a fact that on 18 November 2019 that B had suffered a non-accidental injury namely `dark grey bruising to the inner aspect of his right eye and on to his right cheek bone’ which had been inflicted by S. The judge was satisfied that if the children remained in the parents’ care that they would suffer significant emotional and physical harm.
The grounds of appeal are in summary that (i) it was unreasonable to conclude that a placement order was necessary and the dispensing of parental consent was required (ii) the judge applied the wrong test at paragraph 136 indicating what course would best meet the child’s needs rather than setting out why no other course was possible (iii) the reasons set out in the judgment for making the order are insufficient to demonstrate that a placement order was required.