Re T & Ors (Children) (Adequacy of Reasons)

Re T & Ors (Children) (Adequacy of Reasons)

The judgment and findings of fact were set aside because the judge's reasoning was manifestly insufficient, omitted crucial analysis, and failed to meet minimum standards required for cases of such complexity and seriousness. The deficiencies could not be remedied by clarification, amounting to a serious procedural irregularity.

Parties
First Appellant: S; Second Appellant: Mother of S; First Respondent: Local Authority; Supporting Party: Father of S; Third to Sixth Respondents: Children's Guardian (for Third to Sixth Respondents)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Judgment on Appeal From Findings of Fact in Care Proceedings
Outcome
Appeal allowed; judgment and findings set aside; proceedings remitted for urgent issues resolution hearing.
Legal Topics
Adequacy of Judicial Reasoning, Care Proceedings, Procedural Irregularity, Fact Finding Hearings, Threshold Criteria Under Children Act 1989
Family Law Child Protection Adequacy of Judicial Reasoning Care Proceedings Procedural Irregularity Fact Finding Hearings Threshold Criteria Under Children Act 1989

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Parties

S

First Appellant

Mother of S

Second Appellant

Local Authority

First Respondent

Father of S

Supporting Party

Children's Guardian (for Third to Sixth Respondents)

Third to Sixth Respondents

Procedural Posture

Appeal / Judgment on Appeal From Findings of Fact in Care Proceedings

Legal Issues

  1. 1 Whether the judge's reasoning and approach to evidence met minimum standards for adequacy
  2. 2 Whether procedural irregularity occurred due to oral overview judgment instead of written judgment
  3. 3 Whether factual errors and misunderstandings affected findings

Ratio Decidendi

The judgment and findings of fact were set aside because the judge's reasoning was manifestly insufficient, omitted crucial analysis, and failed to meet minimum standards required for cases of such complexity and seriousness. The deficiencies could not be remedied by clarification, amounting to a serious procedural irregularity.

Court Disposition

Appeal allowed; judgment and findings set aside; proceedings remitted for urgent issues resolution hearing.

Orders

  • Judgment and findings of fact set aside
  • Proceedings remitted to Designated Family Judge for Central London