This is a curious appeal (I have to say that my gut feeling is that the grandparents were damn unlucky to lose this appeal, but of course the Court of Appeal have the benefit of seeing the papers and hearing the full argument. And each time I read the appeal judgment, my view that the grandparents were damn unlucky increased. )
Re T (Children) 2015
There are two issues of wide import
1. That the test for removal under an ICO from grandparents is exactly the same as for removal from parents.
[Most of us thought this and worked on that premise, but it is helpful for the Court of Appeal to formally confirm it – in short terms – the child’s safety must require immediate separation]
2. That the original trial Judge had not been fair in curtailing the time for the parents to seek a Stay application…
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