Local authority loses appeal against the return of children to their parents

Family|News | 11 Jul 2013 1

An unnamed local authority has lost an appeal against a ruling that two children should be returned the care of their parents.

In Re A, the children who were placed in care after one was taken to hospital and found to have suffered fractured ribs.

At the original hearing, the judge considered evidence presented by medical experts, the parents themselves and the family’s health visitors. She concluded that while the parents’ explanations for the injuries were unlikely, there was not enough evidence to conclude that that they had not been accidental.

The authority appealed.

Sitting at the Court of Appeal earlier this month, Lord Justices Rimer, Tomlinson and McFarlane said judges at original hearings had first hand access to the all evidence presented and the discretion to draw their own conclusions from that. The Court of Appeal should be cautious about interfering in their decisions or second guessing their judgements. In this case, the original judge had departed from the view of medical experts but had explained why she chose to do so. A key factor had been the evidence given by the parents.

The judges dismissed the appeal.

The blog team at Stowe is a group of writers who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. Guest contributors also regularly contribute to share their knowledge.

Get in touch

    Request Free Call Back

    We remain open for business during the COVID-19 outbreak. Submit your details below, and we’ll arrange a free, no-obligation call back at a time to suit you. To ensure we are the right fit, we need to make you aware that we cannot offer Legal aid.

    Comment(1)

    1. Dana says:

      That this case is making headlines, of children being returned to their parents shows that local authorities do not often lose their cases. There needs to be an investigation into how many parents win. If found to be none we may as well dispense with the legal process altogether! It just sets the family up to believe there is hope when there is not!

    Leave a Reply

    Close

    Newsletter Sign Up

    For all the latest news from Stowe Family law
    please sign up for instant access today.



      Privacy Policy