Case details

In the matter of H-W (Children) No 2

Case ID: 2021/0215

Case summary

Issue

When an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, is it necessary for the appellate court to undertake its own proportionality assessment of that decision?

Facts

The First Appellant, M, is the mother of six children including C, D, E, and F. Following longstanding concerns related to both sexual abuse by their elder brother A and neglect, in March 2020 the local authority issued proceedings seeking to take C, D, and E into its care and place them in three separate foster homes. It also sought that M’s newly born child F (daughter of the Second Appellant F3) be removed for adoption.

Following two hearings, Judge McPhee found that E had been sexually assaulted by her brother, A, and that M and F3 had both failed to protect the children from sexual abuse and delayed reporting the assault. Judge McPhee ultimately concluded that it would not be safe for C, D, and E to remain in the care of M and F3 and therefore made the care orders sought. A final decision in respect of F was postponed.

The First Appellant appealed to the Court of Appeal, which by a two to one majority decision dismissed the appeal.

Judgment appealed

[2021] EWCA 1451

Parties

Appellant(s)

F3

Respondent(s)

A Local Authority

Appeal

Justices

Lord Hodge, Lord Kitchin, Lord Burrows, Lord Hughes, Dame Siobhan Keegan

Hearing start date

22 March 2022

Hearing finish date

22 March 2022

Watch hearing
22 March 2022	Morning session	Afternoon session

Judgment details

Judgment date

15 June 2022

Neutral citation

[2022] UKSC 17

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15 June 2022	Judgment summary