F (Children), Re [2010] EWCA Civ 826 (15 June 2010)

F (Children), Re [2010] EWCA Civ 826 (15 June 2010)

The judge erred by focusing on historical issues and matters for final hearing rather than urgent interim risk; the threshold for immediate separation was not met as there were no current welfare concerns or evidence of immediate risk to the twins' safety; refusal to allow an independent social worker was premature and unfair to the parents.

Citation
[2010] EWCA Civ 826
Parties
Appellant's Advocate: Ms Elizabeth Szwed; 1st Respondent (local Authority): Nottingham City Council; 2nd Respondent (children's Guardian): Mr Brian Jubb
Jurisdiction
England and Wales
Judgment Date
15 June 2010
Procedural Posture
Appeal (family Law Interim Care Order) / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal allowed; interim care order set aside; parents' application to instruct an independent social worker granted.
Legal Topics
Interim Care Orders, Removal of Children, Expert Evidence, Procedural Fairness
Family Law Child Protection Interim Care Orders Removal of Children Expert Evidence Procedural Fairness

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Parties

Ms Elizabeth Szwed

Appellant's Advocate

Nottingham City Council

1st Respondent (local Authority)

Mr Brian Jubb

2nd Respondent (children's Guardian)

Procedural Posture

Appeal (family Law Interim Care Order) / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the interim care order for the twins was justified under the applicable legal test
  2. 2 Whether refusal to permit instruction of an independent social worker was correct

Ratio Decidendi

The judge erred by focusing on historical issues and matters for final hearing rather than urgent interim risk; the threshold for immediate separation was not met as there were no current welfare concerns or evidence of immediate risk to the twins' safety; refusal to allow an independent social worker was premature and unfair to the parents.

Court Disposition

Appeal allowed; interim care order set aside; parents' application to instruct an independent social worker granted.

Orders

  • Interim care order set aside
  • Parents permitted to instruct independent social worker (Mr Tansey)