ON APPEAL FROM THE FAMILY COURT SITTING AT WATFORD
Parker J (WD13C02440)
HHJ Waller (WD12C01024)
Strand, London, WC2A 2LL |
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B e f o r e :
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In the Matter of B (A Child) and P (A Child) |
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Hearing date: 30 July 2014
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Crown Copyright ©
Lord Justice Ryder:
i) It is at least arguable that there was no evidence upon which findings of fact could have been made or were made so as to be able to construct a threshold based on likelihood of harm and a welfare analysis based on risk of harm;
ii) The threshold and welfare analysis was based on material that did not relate to a direct or sufficiently proximate risk to the child;
iii) Even if the threshold was properly constructed, the orders made were wholly disproportionate to the risk;
iv) The court did not dispense with the consent of the father and should have done so before making placement orders;
v) A placement order was not in fact made;
vi) The case was based on the evidence of a psychologist who was not independent but unknown to the parents was retained by the local authority.