CS v SBH & Ors (Appeal FPR 16.5: Sufficiency of Child's Understanding) [2019] EWHC 634 (Fam) (18 March 2019)

CS v SBH & Ors (Appeal FPR 16.5: Sufficiency of Child's Understanding) [2019] EWHC 634 (Fam) (18 March 2019)

An appeal in family proceedings is a continuation of the original proceedings, not new proceedings. Therefore, under FPR 16.6(5)-(6), the court must determine whether the child has sufficient understanding to conduct the appeal without a Guardian. The court, having considered the evidence and recent assessments, found the child does not have sufficient understanding to instruct a solicitor and conduct the appeal without a Guardian. The child's representation remains with the Guardian and the solicitor appointed by the Guardian.

Citation
[2019] EWHC 634 (Fam)
Parties
Proposed Child Appellant: CS; 1st Respondent: SBH; 2nd Respondent: FS; 3rd Respondent (children's Guardian): Andreea Juravle
Jurisdiction
England and Wales
Judgment Date
18 March 2019
Procedural Posture
Family Law Appeal / Preliminary Issue on Child's Competence to Instruct Solicitor in Appeal
Outcome
Appeal on preliminary issue dismissed; child found not competent to instruct solicitor directly for appeal.
Legal Topics
Child Representation, Appeals, Competence of Minors, Family Procedure Rules, Children Act 1989
Family Law Child Law Child Representation Appeals Competence of Minors Family Procedure Rules Children Act 1989

Case Brief

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Parties

CS

Proposed Child Appellant

SBH

1st Respondent

FS

2nd Respondent

Andreea Juravle

3rd Respondent (children's Guardian)

Procedural Posture

Family Law Appeal / Preliminary Issue on Child's Competence to Instruct Solicitor in Appeal

Legal Issues

  1. 1 Whether the child (CS) has sufficient understanding to instruct a solicitor and conduct appeal proceedings without a Guardian under FPR 16.6
  2. 2 Whether an appeal constitutes new proceedings or a continuation of first instance proceedings for the purposes of FPR 16.6

Ratio Decidendi

An appeal in family proceedings is a continuation of the original proceedings, not new proceedings. Therefore, under FPR 16.6(5)-(6), the court must determine whether the child has sufficient understanding to conduct the appeal without a Guardian. The court, having considered the evidence and recent assessments, found the child does not have sufficient understanding to instruct a solicitor and conduct the appeal without a Guardian. The child's representation remains with the Guardian and the solicitor appointed by the Guardian.

Court Disposition

Appeal on preliminary issue dismissed; child found not competent to instruct solicitor directly for appeal.

Orders

  • The child (CS) is not permitted to conduct the appeal without a Guardian.
  • The Guardian and the solicitor appointed by the Guardian remain responsible for the child's representation in these proceedings.