A Local Authority v Mother & Ors

A Local Authority v Mother & Ors

Given the proven functionality of the technology, the ability of both parents to participate, the lack of viable alternatives due to the pandemic and health concerns, and the detriment to the child from further delay, it is appropriate to proceed with the hearing remotely. The father's mental health does not justify adjournment as he is capable of participating and prefers remote evidence. The court will keep fairness under review throughout.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: SX (By his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 May 2020
Procedural Posture
Care Order Application (fact Finding Hearing) / Interlocutory Judgment on Adjournment and Remote Hearing
Outcome
Application to adjourn refused; hearing to proceed remotely.
Legal Topics
Remote Hearings, Adjournment Applications, Fair Trial, Care Orders, COVID 19 Judicial Procedure
Family Law Child Protection Remote Hearings Adjournment Applications Fair Trial Care Orders COVID 19 Judicial Procedure

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

SX (By his Children’s Guardian)

Third Respondent

Procedural Posture

Care Order Application (fact Finding Hearing) / Interlocutory Judgment on Adjournment and Remote Hearing

Legal Issues

  1. 1 Whether to proceed with lay evidence remotely or adjourn the hearing due to COVID-19 and the father's mental health
  2. 2 Whether a remote hearing can ensure a fair trial in complex family proceedings

Ratio Decidendi

Given the proven functionality of the technology, the ability of both parents to participate, the lack of viable alternatives due to the pandemic and health concerns, and the detriment to the child from further delay, it is appropriate to proceed with the hearing remotely. The father's mental health does not justify adjournment as he is capable of participating and prefers remote evidence. The court will keep fairness under review throughout.

Court Disposition

Application to adjourn refused; hearing to proceed remotely.

Orders

  • Lay evidence to be heard remotely via Zoom.
  • Court to keep fairness and parties’ ability to participate under continual review.