“79. Balanced against this I have a proposed placement with the first respondent. The downsides to this are the known history and so the risk of a future deterioration in mental health. I also have regard to the longstanding nature of the parental relationship and the risk of domestic abuse featuring in the future. The second respondent has indicated he is open to a programme of work but I doubt the same will be either available or engaged with from Grenada. 80. The positives are easy to state and relate to the continuation of family life, a continuation of the warm relationship which exists between the siblings and with their parents and the maintenance of the children’s identity and relationship with each other. 81. Ultimately the question for me is the extent or indeed willingness to tolerate a level of risk around domestic abuse. In considering questions of this sort, I must take a proportionate approach by considering the nature of the risk, the likelihood of it occurring, the impact on the children were it to occur and the mitigations that might exist or be put in place to guard against the risk. But this assessment does not determine the outcome as I also need then to have regard to the other relevant welfare consideration in deciding which realistic option best promotes the children’s welfare only approving an interference in family life if it is necessary and proportionate.”
“the mental health concern is less likely to arise in a context of an otherwise stable life. I do not consider, and no one before me argued, that the mental health concerns alone justified the outcome sought. I consider the first respondent has been open to engaging in helpful interventions and she has evidenced a genuine willingness to continue in this regard. Such work will tend to reduce the impact of future misbehaviour on the part of the second respondent. Finally, I do not overlook the second respondent’s geographical dislocation as a tempering feature.”
“91. I consider the children can and should return to their mother and that supported by her sister and in stable housing she is likely to retain settled mental health and will be able to provide good enough parenting. I do not say without her sister she cannot do so but the presence of her sister is an obvious positive. I judge domestic abuse in its broad sense remains a concern and there is a need to provide support to reduce this risk as far as possible. But I consider it is already reduced and can be further reduced to a level beyond which it does not justify continuing family separation. 92. The protections include (1) the experience of the proceedings; (2) independent housing; (3) family support; (4) ongoing engagement with medical care maintain stable mental health; (5) further supportive programmes; (6) the making of a supervision order for 2-years with a robust safety plan; (7) a focused non-molestation order for 2-years providing an exclusion order around the mother’s home; (8) a package of suitable contact for the father which will allow safe contact for the children. 93. On my assessment the proposed plan for placement with the aunt is unrealistic and unjustified when compared to the option of placement with the first respondent. 94. I agree the transition must be managed with care. I consider it should be done under a supervision plan linked to a section 20 accommodation (which the first respondent signalled her agreement to).”
“I have disagreed with the professionals as to the outcome for the younger children. This is because I have calibrated my outcome on findings made rather than allegations raised. Secondly, it is my duty to carry out the balancing exercise and I found the Canadian plan outside of the children’s timescales.”
“I am making a 2-year supervision order unusually to reflect the level of support that will benefit the children. The applicant will need to prepare and serve a suitable support plan.”
“The ten grounds of appeal appear to challenge the orders in respect of all three children. They are distilled in the local authority’s skeleton argument into two main arguments: (1) The 2-year supervision order was ultra vires and wrong. (2) The judgment is deficient in its analysis of the evidence, its welfare balancing exercise, and its reference to legal principle. The unlawful duration of the supervision order should have been raised at the hearing so that the judge could consider how the order might be corrected: that opportunity will now be provided. It is not possible to assess the prospects of success of the second argument with any confidence because of the very limited material filed with the application, but the judgment is so sparing in its citation of evidence that it is preferable for that matter to be considered at an oral hearing than for consideration of the application on paper to be prolonged in circumstances where further delay is not in the children’s interests. Taking both arguments into account, I am on balance persuaded that there is enough in the application to justify its adjournment to an oral hearing. The local authority will clarify whether it challenges the making of a lawful supervision order in respect of the eldest child.”
“The primary function of a first instance judge is to find facts and identify the crucial legal points and to advance reasons for deciding them in a particular way. He should give his reasons in sufficient detail to show the parties and, if need be, the Court of Appeal the principles on which he has acted and the reasons that have led him to his decision. They need not be elaborate. There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. His function is to reach conclusions and give reasons to support his view, not to spell out every matter as if summing up to a jury. Nor need he deal at any length with matters that are not disputed. It is sufficient if what he says shows the basis on which he has acted.”
“60. The last two processes – evaluation and explanation – are the critical elements of any judgment. As the culmination of a process of reasoning, they tend to come at the end, but they are the engine that drives the decision, and as such they need the most attention. A judgment that is weighed down with superfluous citation of authority or lengthy recitation of inessential evidence at the expense of this essential reasoning may well be flawed. At the same time, a judgment that does not fairly set out a party's case and give adequate reasons for rejecting it is bound to be vulnerable.”
“Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to the evaluation of those facts and to inferences to be drawn from them.”