A v Cardiff City Council & Ors [2019] EWCA Civ 1360 (30 July 2019)

This Judgment relates to an Appeal made by the mother against the making of a Care Order by Her Honour Judge Parry on 12th April 2019.  The proceedings related to the mother’s two children, which had been issued due to injuries to one of the children.  An Order was made that the threshold had been met and the children placed with their maternal grandparents under a Care Order.

The grounds of the mother’s Appeal included the Judge’s failure to give any weight to the parents’ positive parenting and expert evidence and failed to consider the parents’ credibility in respect of their evidence.

Permission to Appeal was granted on 14th June 2109 and at the Appeal, consideration was given to the background to the case, the chronology of the proceedings and relevant case law including (Re B (A Child) [2013] UKSC 33 [52] per Lord Neuberger).

After the consideration of evidence, Mrs Justice Theis DBE concluded that the previous Judgment could not stand for reasons including a lack of coherent structure in the Judgment, the failure to undertake an effective Lucas analysis and a lack of balance in respect of the finding of the credibility of the parents.  The Judgment of 12th April 2019 was therefore set aside, with a directions hearing listed so that the matter could be timetabled to be reheard by a different Judge.

The full judgment can be read here.

If you have any questions regarding this summary case law please contact Claire here.

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