A Local Authority v AZ & Ors

A Local Authority v AZ & Ors

The judge had not pre-determined any issues at the IRH, had ordered a final hearing with evidence, and expressed confidence in her ability to objectively determine the case. A fair minded observer familiar with the proceedings would not conclude there was a real possibility of bias. The application for recusal was refused.

Parties
Applicant: A Local Authority; First Respondent: AZ (The Mother); Second Respondent: BX (The Father); Third Respondent: CX (a Child, through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
28 June 2024
Procedural Posture
Care Proceedings / Application for Judicial Recusal Prior to Final Hearing
Outcome
Application for recusal refused
Legal Topics
Apparent Judicial Bias, Recusal, Case Management, Child Welfare, Article 8 ECHR
Family Law Judicial Procedure Apparent Judicial Bias Recusal Case Management Child Welfare Article 8 ECHR

Case Brief

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Parties

A Local Authority

Applicant

AZ (The Mother)

First Respondent

BX (The Father)

Second Respondent

CX (a Child, through their Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Application for Judicial Recusal Prior to Final Hearing

Legal Issues

  1. 1 Whether the judge should recuse herself due to alleged pre-determination and apparent bias at the IRH

Ratio Decidendi

The judge had not pre-determined any issues at the IRH, had ordered a final hearing with evidence, and expressed confidence in her ability to objectively determine the case. A fair minded observer familiar with the proceedings would not conclude there was a real possibility of bias. The application for recusal was refused.

Court Disposition

Application for recusal refused

Orders

  • The judge will continue to preside over the final hearing.