J (A Child) [2009] EWCA Civ 1210 (29 October 2009)

J (A Child) [2009] EWCA Civ 1210 (29 October 2009)

The judge correctly exercised his discretion in refusing a further independent social worker assessment as it would not add to the substantial existing evidence. However, it was appropriate to grant Mrs Haines rights of audience to represent the mother at the final hearing, as this would serve the interests of justice and due process.

Citation
[2009] EWCA Civ 1210
Parties
Appellant Mother: Miss Johnson; First Respondent Local Authority: Birmingham City Council; Second Respondent Child (by Children's Guardian): J (A Child)
Jurisdiction
England and Wales
Judgment Date
29 October 2009
Procedural Posture
Appeal (care Proceedings) / Appeal From Order of HHJ Cardinal, Birmingham County Court, 28 August 2009
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Care Proceedings, Assessment of Parenting Capacity, Rights of Audience for Mc Kenzie Friends, Public Funding and Representation
Family Law Child Protection Care Proceedings Assessment of Parenting Capacity Rights of Audience for Mc Kenzie Friends Public Funding and Representation

Case Brief

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Parties

Miss Johnson

Appellant Mother

Birmingham City Council

First Respondent Local Authority

J (A Child)

Second Respondent Child (by Children's Guardian)

Procedural Posture

Appeal (care Proceedings) / Appeal From Order of HHJ Cardinal, Birmingham County Court, 28 August 2009

Legal Issues

  1. 1 Whether a further assessment of the mother by an independent social worker should be ordered
  2. 2 Whether the mother's McKenzie friend (Mrs Haines) should be granted rights of audience to represent her at the final hearing

Ratio Decidendi

The judge correctly exercised his discretion in refusing a further independent social worker assessment as it would not add to the substantial existing evidence. However, it was appropriate to grant Mrs Haines rights of audience to represent the mother at the final hearing, as this would serve the interests of justice and due process.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal dismissed regarding refusal of further independent social worker assessment
  • Appeal allowed regarding granting Mrs Haines rights of audience to represent the mother at the final hearing