Henry Lamb, representing the appellant children through their children’s guardian, and Gary Crawley, representing the respondent local authority, were successful in the Court of Appeal in the case of Re H (Children: Placement Orders)  EWCA Civ 1245 in setting aside the revocation of placement orders for the two boys who were the subject of the appeal. The children’s appeal in relation to the youngest child was dismissed.
Henry Lamb and Gary Crawley traversed the ‘steep and narrow’ path to a successful appeal against the Judgment of HHJ Tolson KC in relation to the boys, who were the subject of the appeal. The Court of Appeal set aside the revocation of the placement orders in relation to them. The Court of Appeal accepted that there had been insufficient consideration, by HHJ Tolson KC, of the specific needs of the boys, the delay and uncertainty which would arise for them, as a consequence of the decision to revoke their Placement Orders and of the differing consequences for them, of the risks which had been identified. The Court of Appeal considered that the decision in relation to the youngest child had been more finely balanced and, whilst acknowledging that time may bear out the Guardian’s predictions, did not accept that the judge was bound to reject the care plan proposed in relation to her.Full Judgment