X & Y, Re (Domestic Abuse: Participation Directions: Obligation to Consider) [2024] EWFC 121 (B) (18 April 2024)

X & Y, Re (Domestic Abuse: Participation Directions: Obligation to Consider) [2024] EWFC 121 (B) (18 April 2024)

The court was not obliged to make participation directions at the 12 April 2024 hearing because it had not been stated that the mother was a victim of domestic abuse by a party, and her legal team had not applied for such directions. The process was fair as the mother was represented and actively engaged, and there was no sufficient evidence of diminished ability to participate. The obligation to consider participation directions arises only when the relevant facts are stated or an application is made, or if the court is otherwise put on notice.

Citation
[2024] EWFC 121 (B)
Parties
Applicant: A Local Authority; First Respondent: A (Mother); Second Respondent: B (Father); Third and Fourth Respondents: X & Y (Children, via Guardian)
Jurisdiction
England and Wales
Judgment Date
18 April 2024
Procedural Posture
Care Proceedings Under the Children Act 1989 / Interim Care Order; Procedural Judgment on Participation Directions
Outcome
Interim care order made; application for participation directions refused at this stage
Legal Topics
Interim Care Orders, Domestic Abuse, Participation Directions, Vulnerable Parties, Fair Hearing
Family Law Child Protection Interim Care Orders Domestic Abuse Participation Directions Vulnerable Parties Fair Hearing

Case Brief

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Parties

A Local Authority

Applicant

A (Mother)

First Respondent

B (Father)

Second Respondent

X & Y (Children, via Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings Under the Children Act 1989 / Interim Care Order; Procedural Judgment on Participation Directions

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 at the interim hearing
  2. 2 Whether the hearing on submissions alone was fair given the mother's alleged vulnerabilities

Ratio Decidendi

The court was not obliged to make participation directions at the 12 April 2024 hearing because it had not been stated that the mother was a victim of domestic abuse by a party, and her legal team had not applied for such directions. The process was fair as the mother was represented and actively engaged, and there was no sufficient evidence of diminished ability to participate. The obligation to consider participation directions arises only when the relevant facts are stated or an application is made, or if the court is otherwise put on notice.

Court Disposition

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

Orders

  • Interim care order granted for X and Y
  • No participation directions made for the mother at this stage