In the matter of H-W (Children) No 2
Case ID: 2021/0215
When an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, is it necessary for the appellate court to undertake its own proportionality assessment of that decision?
The First Appellant, M, is the mother of six children including C, D, E, and F. Following longstanding concerns related to both sexual abuse by their elder brother A and neglect, in March 2020 the local authority issued proceedings seeking to take C, D, and E into its care and place them in three separate foster homes. It also sought that M’s newly born child F (daughter of the Second Appellant F3) be removed for adoption.
Following two hearings, Judge McPhee found that E had been sexually assaulted by her brother, A, and that M and F3 had both failed to protect the children from sexual abuse and delayed reporting the assault. Judge McPhee ultimately concluded that it would not be safe for C, D, and E to remain in the care of M and F3 and therefore made the care orders sought. A final decision in respect of F was postponed.
The First Appellant appealed to the Court of Appeal, which by a two to one majority decision dismissed the appeal.
A Local Authority
Lord Hodge, Lord Kitchin, Lord Burrows, Lord Hughes, Dame Siobhan Keegan
Hearing start date
22 March 2022
Hearing finish date
22 March 2022
|22 March 2022||Morning session||Afternoon session|
15 June 2022
 UKSC 17
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
|Watch Judgment summary|
|15 June 2022||Judgment summary|
In the matter H-W (Children) No 2
Case ID: UKSC 2021/0215
THE COURT ORDERED that no one shall publish or reveal the name or address of the Children who are the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Children or of any member of their family in connection with these proceedings.