Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)

Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)

The interim care order was set aside due to procedural irregularity: Z's competence to instruct a solicitor was not properly reassessed at the relevant time and in relation to the public law proceedings; the father was not given the opportunity to file evidence or be heard before the order was made; and the care plan approved was inconsistent with the interim nature of the order. These failures rendered the process unfair and the order unsustainable.

Citation
[2020] EWCA Civ 1755
Parties
Appellant: AK; First Respondent: A London Borough Council; Second Respondent: RS; Third Respondent: Z (by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Appeal (family Law Children Act 1989) / Appeal Against Interim Care Order
Outcome
Appeal allowed; interim care order set aside; case remitted for urgent rehearing before a different judge.
Legal Topics
Interim Care Orders, Children Act 1989, Article 8 ECHR, Procedural Fairness, Representation of Children, Parental Rights
Family Law Child Protection Human Rights Interim Care Orders Children Act 1989 Article 8 ECHR Procedural Fairness Representation of Children +1 more

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Parties

AK

Appellant

A London Borough Council

First Respondent

RS

Second Respondent

Z (by his children's guardian)

Third Respondent

Procedural Posture

Appeal (family Law Children Act 1989) / Appeal Against Interim Care Order

Legal Issues

  1. 1 Whether the interim care order removing Z from his father's care was procedurally fair and lawful
  2. 2 Whether the judge erred in approving a care plan for permanent removal at the interim stage
  3. 3 Whether Z's competence to instruct a solicitor was properly assessed

Ratio Decidendi

The interim care order was set aside due to procedural irregularity: Z's competence to instruct a solicitor was not properly reassessed at the relevant time and in relation to the public law proceedings; the father was not given the opportunity to file evidence or be heard before the order was made; and the care plan approved was inconsistent with the interim nature of the order. These failures rendered the process unfair and the order unsustainable.

Court Disposition

Appeal allowed; interim care order set aside; case remitted for urgent rehearing before a different judge.

Orders

  • Interim care order set aside
  • Application for interim care order to be reheard urgently