AB v BG & Ors

AB v BG & Ors

The judge erred in making a finding of unlawful killing not supported by the evidence and not signposted by the local authority's schedule. The refusal to grant an adjournment to allow the father to respond to the new allegation was also wrong. The findings on unlawful killing are set aside, and the welfare hearing is to be conducted by a different judge.

Parties
Appellant: AB; 1st Respondent: BG; 2nd Respondent: Sheffield City Council; 3rd Respondents: LW & DW; 4th Respondents: The Children (G & B)
Jurisdiction
England and Wales
Judgment Date
21 January 2009
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment After Fact Finding Hearing, Before Welfare Hearing
Outcome
Appeal allowed in part
Legal Topics
Care Proceedings, Fact Finding Hearings, Threshold Criteria, Judicial Findings, Adjournment, Judicial Bias
Family Law Child Protection Care Proceedings Fact Finding Hearings Threshold Criteria Judicial Findings Adjournment Judicial Bias

Case Brief

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Parties

AB

Appellant

BG

1st Respondent

Sheffield City Council

2nd Respondent

LW & DW

3rd Respondents

The Children (G & B)

4th Respondents

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment After Fact Finding Hearing, Before Welfare Hearing

Legal Issues

  1. 1 Whether the trial judge erred in refusing an adjournment to allow the father to obtain medical evidence when faced with an allegation of unlawful killing
  2. 2 Whether the judge was plainly wrong to find that AB was unlawfully killed and that the father was a possible perpetrator
  3. 3 Whether the welfare limb of the proceedings should be heard by a different judge

Ratio Decidendi

The judge erred in making a finding of unlawful killing not supported by the evidence and not signposted by the local authority's schedule. The refusal to grant an adjournment to allow the father to respond to the new allegation was also wrong. The findings on unlawful killing are set aside, and the welfare hearing is to be conducted by a different judge.

Court Disposition

Appeal allowed in part

Orders

  • Schedule of findings amended by agreement of the parties; findings of unlawful killing set aside
  • Welfare limb of proceedings to be heard by a different judge