X and Y (Domestic Abuse: Participation Directions: Obligation to Consider), Re

X and Y (Domestic Abuse: Participation Directions: Obligation to Consider), Re

The court was not obliged to make participation directions or special measures for the mother at the 12 April 2024 hearing because the fact of her being a victim of domestic abuse by the father was not stated at that time, and her legal team did not apply for such directions. The mother was legally represented and actively participated in the hearing. The court found no evidence that her ability to participate was diminished such as to render the hearing unfair. The obligation to consider participation directions arose only after the fact was stated in subsequent correspondence.

Parties
Applicant: A Local Authority; First Respondent: A (Mother); Second Respondent: B (Father); Third and Fourth Respondents: X & Y (Children, via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Care Proceedings / Interim Care Order; Procedural Directions on Participation
Outcome
Interim care order granted; application for participation directions refused at this stage
Legal Topics
Domestic Abuse, Participation Directions, Vulnerable Parties, Interim Care Orders
Family Law Child Protection Domestic Abuse Participation Directions Vulnerable Parties Interim Care Orders

Case Brief

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Parties

A Local Authority

Applicant

A (Mother)

First Respondent

B (Father)

Second Respondent

X & Y (Children, via their Children’s Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings / Interim Care Order; Procedural Directions on Participation

Legal Issues

  1. 1 Whether the court was obliged to make participation directions for the mother as a vulnerable party and/or victim of domestic abuse under FPR 3A
  2. 2 Whether the process on 12 April 2024 enabled the mother to participate fairly in the proceedings

Ratio Decidendi

The court was not obliged to make participation directions or special measures for the mother at the 12 April 2024 hearing because the fact of her being a victim of domestic abuse by the father was not stated at that time, and her legal team did not apply for such directions. The mother was legally represented and actively participated in the hearing. The court found no evidence that her ability to participate was diminished such as to render the hearing unfair. The obligation to consider participation directions arose only after the fact was stated in subsequent correspondence.

Court Disposition

Interim care order granted; application for participation directions refused at this stage

Orders

  • Interim care order made for X and Y
  • No participation directions or special measures ordered for the mother at this stage