G (A Child) [2015] EWCA Civ 119 (20 February 2015)

G (A Child) [2015] EWCA Civ 119 (20 February 2015)

The first instance judge set the bar too high in assessing change of circumstances, failed to make necessary findings on disputed facts, and wrongly relied on unapproved counsel's note and incomplete evidence, rendering the decision unsound and necessitating a rehearing.

Citation
[2015] EWCA Civ 119
Parties
Subject: G (A Child); Appellant/mother: Ms N Barrett; Respondent/local Authority: Haringey Council
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Appeal / Appeal From Barnet County Court, Order of HHJ Levy Refusing Leave to Apply for Revocation of Placement Order
Outcome
Appeal allowed; order of HHJ Levy set aside; matter remitted for rehearing before a different judge.
Legal Topics
Adoption, Placement Orders, Revocation of Placement Orders, Change of Circumstances, Appeals Procedure
Family Law Child Law Adoption Placement Orders Revocation of Placement Orders Change of Circumstances Appeals Procedure

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Parties

G (A Child)

Subject

Ms N Barrett

Appellant/mother

Haringey Council

Respondent/local Authority

Procedural Posture

Appeal / Appeal From Barnet County Court, Order of HHJ Levy Refusing Leave to Apply for Revocation of Placement Order

Legal Issues

  1. 1 Whether the judge at first instance set the bar too high in assessing change of circumstances under section 24(2)(a) Adoption and Children Act 2002
  2. 2 Whether the judge erred by relying on disputed allegations and unapproved counsel's note
  3. 3 Whether the judge failed to consider changes in the child's circumstances

Ratio Decidendi

The first instance judge set the bar too high in assessing change of circumstances, failed to make necessary findings on disputed facts, and wrongly relied on unapproved counsel's note and incomplete evidence, rendering the decision unsound and necessitating a rehearing.

Court Disposition

Appeal allowed; order of HHJ Levy set aside; matter remitted for rehearing before a different judge.

Orders

  • Set aside the order of HHJ Levy dated 23 September 2014.
  • Direct the mother's application for leave to apply for revocation of the placement order be heard afresh by a different judge without reference to HHJ Levy's judgment.