S (A Child), Re [2018] EWCA Civ 2512 (08 August 2018)

S (A Child), Re [2018] EWCA Civ 2512 (08 August 2018)

The judge erred in law and procedure by failing to apply the Re: DE protocol, not considering all realistic options and protective measures, and making findings against the father without hearing his evidence. The appeal is allowed; findings against the father are set aside; the case is remitted to a different circuit judge for further management.

Citation
[2018] EWCA Civ 2512
Parties
First Appellant: Mother; Second Appellant: Father; Respondent Local Authority: London Borough of Islington; Intervener: Child's guardian
Jurisdiction
England and Wales
Judgment Date
08 August 2018
Procedural Posture
Appeal / Appeal Against Interim Order Refusing Return of Child to Mother's Care Pending Discharge of Care Order
Outcome
Appeal allowed
Legal Topics
Care Orders, Removal of Child, Inherent Jurisdiction, Human Rights Act Injunctions, Procedural Fairness
Family Law Child Protection Human Rights Care Orders Removal of Child Inherent Jurisdiction Human Rights Act Injunctions Procedural Fairness

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Parties

Mother

First Appellant

Father

Second Appellant

London Borough of Islington

Respondent Local Authority

Child's guardian

Intervener

Procedural Posture

Appeal / Appeal Against Interim Order Refusing Return of Child to Mother's Care Pending Discharge of Care Order

Legal Issues

  1. 1 Did the judge have jurisdiction to make the order sought?
  2. 2 Was the judge's approach to the application correct, particularly regarding the Re: DE protocol?
  3. 3 Did the judge err in failing to consider all realistic options and protective measures before removal?

Ratio Decidendi

The judge erred in law and procedure by failing to apply the Re: DE protocol, not considering all realistic options and protective measures, and making findings against the father without hearing his evidence. The appeal is allowed; findings against the father are set aside; the case is remitted to a different circuit judge for further management.

Court Disposition

Appeal allowed

Orders

  • Findings against the father set aside
  • Case remitted to a different circuit judge for case management directions within discharge proceedings