M & Ors v Suffolk County Council
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE TOMLINSON
- LORD JUSTICE VOS
Areas of Law
- Family Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
In this appeal by a mother and her maternal grandparents against care and placement orders, the court evaluated whether the grandparents could provide a permanent and safe home for the children. The children were initially placed in voluntary foster care in Ireland due to domestic violence and mental health concerns involving the parents. The appeal was dismissed as the judge's analysis of the risks posed by the mother and the grandparents' ability to protect the children was supported by sufficient evidence. The judge's preference for one expert opinion over another and his proportionality evaluation were upheld.
Judgment
Lord Justice Ryder:
This is the appeal of a mother and her mother and step father who I shall call the 'maternal grandparents', against care and placement orders made by His Honour Judge Yelton in the Ipswich County Court sitting at Cambridge on 30 August 2013. The children concerned are now aged 3 and 2. Permission to appeal was granted by Black LJ at an oral hearing on 27 February 2014 reported as In the Matter of F (Children) and D-F (Children) [2014] EWCA Civ 439 . I gratefully adopt the description of the history which my Lady sets out at paragraphs [1] to [8] of that judgment. The appeal was limited to one ground which can be summarised as whether the grandparents are able to provide the children with a permanent home. The appeals were heard on 22 May 2014 and were dismissed with reasons to follow.
The local authority, Suffolk County Council, issued care proceedings on 27 July 2012 because of their concerns about the mental health of the children's mother and domestic violence between the parents. Father had been convicted of assaulting the mother and there was an outstanding allegation of rape made by mother against him. In that context on 29 July 2012 mother travelled to the Republic of Ireland and placed her children in voluntary foster care. The local authority in this jurisdiction arranged for a missing persons alert to be issued in respect of the children. Mother worked with Irish social services, completing six sessions of a parenting assessment with a social worker from Cavan Social Services. Her contact with the children in Ireland was by and large positive. At that stage, she wanted to remain in Ireland with the children.
The children returned to this jurisdiction in November 2012 and were placed in foster care. The mother returned shortly after. Father was convicted of rape and sexual assault against the mother after a criminal trial during which mother gave evidence against him. I should record that the father has been able to participate in these proceedings by a video link from prison but he has not added anything of substance to the appeal.
Within the care proceedings in England and Wales interim care orders were made by a district judge on 9 August 2012 and were continued by a circuit judge until the matter was transferred to the High Court to consider jurisdiction. On 9 October 2012 Parker J made findings of fact that the proceedings had been commenced on 27 July 2013, that the Ipswich court was seized of the proc