Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and placed for adoption with strangers.


Thorpe LJ, Wall LJ


[2007] EWCA Civ 213, [2007] 1 FLR 1370




Children Act 1989 38(6)


England and Wales

Cited by:

CitedIn re F (A Child) (Placement Order); C v East Sussex County Council (Adoption) CA 1-May-2008
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to . .
CitedIn re S (A Child) CA 12-Aug-2008
The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment.
Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 10 July 2022; Ref: scu.250010