B (Children)

B (Children)

The process before the Family Court judge failed to properly engage with central evidence regarding the child's welfare, particularly the grandmother's understanding of past abuse. The judge made up his mind too early and announced his conclusion prematurely, resulting in an inadequate and unfair process. The appeal is allowed and the matter is remitted for rehearing.

Parties
Appellant: A Local Authority; Respondent: B (Children); Interested Party: Paternal Grandmother; Interested Party: Mother; Interested Party: Father
Jurisdiction
England and Wales
Judgment Date
23 August 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Care Proceedings, Child Arrangement Orders, Supervision Orders, Adoption, Fair Hearing, Judicial Process
Family Law Child Welfare Care Proceedings Child Arrangement Orders Supervision Orders Adoption Fair Hearing Judicial Process

Case Brief

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Parties

A Local Authority

Appellant

B (Children)

Respondent

Paternal Grandmother

Interested Party

Mother

Interested Party

Father

Interested Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the hearing before the Family Court judge was conducted fairly
  2. 2 Whether the judge made a proper evaluation of the child's welfare
  3. 3 Adequacy of assessments of the paternal grandmother

Ratio Decidendi

The process before the Family Court judge failed to properly engage with central evidence regarding the child's welfare, particularly the grandmother's understanding of past abuse. The judge made up his mind too early and announced his conclusion prematurely, resulting in an inadequate and unfair process. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

appeal allowed

Orders

  • Judge's determination set aside
  • Welfare issue remitted for rehearing at first instance