J (A Child)

J (A Child)

The judge exercised his discretion appropriately in refusing a further independent social worker assessment as it would not add value given the extensive prior assessments. However, it was appropriate to grant rights of audience to the McKenzie friend to ensure the mother felt properly represented and due process was observed.

Parties
Appellant/mother: Miss Johnson; First Respondent/local Authority: Birmingham City Council; Second Respondent/child: J (A Child)
Jurisdiction
England and Wales
Judgment Date
29 October 2009
Procedural Posture
Appeal / Appeal From Order of HHJ Cardinal, Birmingham County Court, Regarding Care Proceedings and Rights of Audience
Outcome
Appeal dismissed as to further assessment; appeal allowed as to rights of audience for McKenzie friend.
Legal Topics
Care Proceedings, Parental Assessment, Rights of Audience, Representation by Mc Kenzie Friend
Family Law Civil Procedure Care Proceedings Parental Assessment Rights of Audience Representation by Mc Kenzie Friend

Case Brief

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Parties

Miss Johnson

Appellant/mother

Birmingham City Council

First Respondent/local Authority

J (A Child)

Second Respondent/child

Procedural Posture

Appeal / Appeal From Order of HHJ Cardinal, Birmingham County Court, Regarding Care Proceedings and Rights of Audience

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 should be granted rights of audience to represent her at the final hearing

Ratio Decidendi

The judge exercised his discretion appropriately in refusing a further independent social worker assessment as it would not add value given the extensive prior assessments. However, it was appropriate to grant rights of audience to the McKenzie friend to ensure the mother felt properly represented and due process was observed.

Court Disposition

Appeal dismissed as to further assessment; appeal allowed as to rights of audience for McKenzie friend.

Orders

  • No further independent social worker assessment ordered.
  • Mrs Haines granted rights of audience to represent the mother at the final hearing.