CA-2025-001586 - [2025] EWCA Civ 1362

I should make clear that this appeal has not been concerned with the merits of the substantive application for a care and placement order in relation to D; in that regard, the parents must recognise that they face a range of evidential and other difficulties, plainly exacerbated by their lack of engagement with the court and local authority over a prolonged period of time. Mr Banerji has advised us that the father fully intends to engage with the court process going forward. In allowing this appeal, this court is explicitly making no comment upon the likely ultimate outcome of the applications under the CA 1989 and ACA 2002.

However, for the reasons set out above, the judge was wrong to conclude these proceedings, and make these life-changing orders, with such limited explanation. As earlier indicated, we have allowed the appeal, and set aside the orders which were made on 2 June 2025. For the time being, D will be subject to an interim care order. At the conclusion of the appeal hearing we gave a number of directions in order to set up a case management hearing at the Family Court in Peterborough (to be allocated or case managed by the Designated Family Judge) within the next two weeks.

I agree.

I also agree with the reasons given by Cobb LJ for allowing this appeal, and with his proposal that the Lead Judge for the Standard Orders Group should be invited to review the wording of paragraph 148 of the Standard Form Orders.