L-R (Children) [2013] EWCA Civ 1129 (24 July 2013)

L-R (Children) [2013] EWCA Civ 1129 (24 July 2013)

The sentence of 18 months for contempt was not manifestly excessive or plainly wrong given the seriousness of the contempt, the need for deterrence, and the hindrance caused to the court's fact-finding process.

Citation
[2013] EWCA Civ 1129
Parties
Applicant Father: Mr K; First Respondent Local Authority: Coventry County Council; Second Respondent: Mother; Third and Fourth Respondents: Children (O and J) through their guardian
Jurisdiction
England and Wales
Judgment Date
24 July 2013
Procedural Posture
Appeal Against Sentence for Contempt of Court in Care Proceedings / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Concurrent Criminal and Family Proceedings, Compellability of Witnesses, Sentencing for Contempt
Family Law Contempt of Court Care Proceedings Concurrent Criminal and Family Proceedings Compellability of Witnesses Sentencing for Contempt

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Parties

Mr K

Applicant Father

Coventry County Council

First Respondent Local Authority

Mother

Second Respondent

Children (O and J) through their guardian

Third and Fourth Respondents

Procedural Posture

Appeal Against Sentence for Contempt of Court in Care Proceedings / Court of Appeal Judgment

Legal Issues

  1. 1 Was the 18-month sentence for contempt of court excessive or disproportionate?
  2. 2 Did the sentence have any impact on Mr K's circumstances?
  3. 3 Was the judge correct to impose a sentence for contempt given concurrent criminal proceedings?

Ratio Decidendi

The sentence of 18 months for contempt was not manifestly excessive or plainly wrong given the seriousness of the contempt, the need for deterrence, and the hindrance caused to the court's fact-finding process.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 18 months' imprisonment for contempt upheld