D (A Child)

A discretionary county court order is not appealable merely because a party considers it unjust. Where the judge has directed himself correctly in law, exercised the relevant discretion and explained his conclusion, permission to appeal should be refused. The appellate court should focus on the orders under challenge and need not reopen a lengthy history of earlier litigation or provide a more subjective form of justice.

Mrs Daniels sought permission to appeal against orders made by HHJ Yelton in May, including a non-molestation order against her relating to Andrew, one of her two sons. The sons were young adults with disabilities in the autistic spectrum. Proceedings had continued since 1997, contact had ceased around 2000 or 2002, and earlier orders had restricted contact and further applications. Mrs Daniels advanced wider allegations of conspiracy and fraud and maintained that she was the true victim. The central issue was whether the challenged discretionary orders disclosed an arguable basis for appeal.

Application refused. Lord Justice Thorpe held that the application had to be determined by reference to the orders made by HHJ Yelton in May. The wider history of the litigation and Mrs Daniels's grievances about earlier orders did not justify reopening those matters.

1. The county court judge had not misdirected himself in law. He had exercised the discretion entrusted to county court judges and had explained his conclusion in a short judgment.
2. Where a judge has correctly directed himself, exercised the relevant discretion and given reasons for the conclusion reached, that discretionary conclusion is not appealable merely because the party affected considers it unjust.
3. Permission would not provide the subjective form of justice or solace sought by Mrs Daniels in relation to the broader history of the case. The only appropriate order was refusal of the application.

A copy of the judgment was directed to be made available to Mrs Daniels, and, if necessary, at public expense.

1. Court of Appeal (Civil Division): Lord Justice Thorpe refused Mrs Daniels's application for permission to appeal. [2013] EWCA Civ 120.
2. County court: HHJ Yelton made a May order granting a non-molestation order against Mrs Daniels in relation to Andrew.