8th Nov 2023 | Cases
Simon Miller led Eleanor Howard, they represented the First Respondent local authority in J & Ors, Re (Children: Interim Removal)  EWCA Civ 1266 an appeal by the father against interim care orders made in respect of three children. The local authority accepted that the father’s care of the children had been good but submitted that for the court at first instance the issue had been the parents’ toxic relationship. The Court of Appeal concluded that the judge at first instance had failed to properly articulate the legal test for removal in his judgment. In conducting his welfare analysis, he had failed to take into consideration the positive evidence of the quality of care being provided by the father and the risk of emotional harm if the children were removed. Reported in Local Government Lawyer.