Paul Froud in CoA judgment confirming inadequate explanation in first instance care decision

23rd June 2025

The Court of Appeal handed down judgment last week granting an appeal against a decision of HHJ Wicks. Paul Froud (pictured here), led by Darren Howe KC from 1 Crown Office Row, were instructed on behalf of the Child, acting through her Children’s Guardian. Neither Paul nor Darren appeared at the Final Hearing and were instructed by Mr. James Walthall of Jackson West Solicitors.

The Court of Appeal upheld the appeal brought by the Local Authority, and supported by the Child, finding that the “judgment does not provide any or any adequate explanation of the basis on which the judge concluded that the risks had abated to the extent that it was safe to allow H to return to the care of her Mother.” Baker LJ, giving the leading Judgment, also found that this was not a case in which the process of seeking clarification following delivery of a Judgment would have remedied the deficiencies.

The Court of Appeal upheld the appeal and overturned the Order made by HHJ Wicks. The proceedings have been remitted to the Family Presiding Judge for further directions to be made.

Click here to read the judgment.

Paul Froud is a barrister with a busy and diverse family law practice, with an emphasis on public law Children Act proceedings and a burgeoning private law children caseload. He acts for parents, local authorities, guardians and interveners and has appeared at all levels of the Family Court and the Court of Appeal. Paul is ranked in both Chambers and Partners and the Legal 500 directories, who comment that “He always gives a voice to the voiceless and is impressive and effective in his advocacy." "Paul is fantastic on his feet and provides impeccable client care." For more information or to instruct him, please contact his clerk Ian Charlton.