Mother Granted Permission to Appeal Care and Placement Orders

Philcox Gray represented a mother in her successful application for permission to appeal a care and a placement order made at Newcastle County Court in February 2015 in respect of her son.

It was submitted on behalf of the mother that the judge failed to adopt the approach required in cases concerning placement orders by failing to follow the guidance of the recent case of Re B-S (children) in that the court failed to consider the effect on the child of removal from his mother’s care and did not set out the basis on which it was considered the mother’s future care would be likely to cause significant harm to the child.  The court therefore did not take the proper holistic approach when considering all placement options for the child nor did it properly balance the options of rehabilitation and adoption.

McFarlane LJ granted permission to appeal, noting the proposed appeal enjoyed “a real prospect of success.”

The Local Authority and Children’s Guardian recognised the arguments put forward on behalf of the mother and Lord MacFarlane’s provisional view of the merits of the appeal, they therefore offered no resistance to the appeal and a rehearing was ordered.

Throughout the appeal process the mother was represented by Philcox Gray who instructed Deirdre Fottrell QC of 1GC Chambers.

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