L & B (Children), Re

L & B (Children), Re

The Recorder's ongoing professional relationship with the guardian ad litem, who was not neutral in the fact-finding hearing, gave rise to apparent bias. The findings of fact must be set aside to maintain the appearance of impartiality.

Parties
Appellant: Appellant father; First Respondent (local Authority): London Borough of Barking & Dagenham; Second Respondent: Mother; Third Respondent: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
23 September 2010
Procedural Posture
Public Law Family Proceedings (children) / Appeal From Fact Finding Hearing and Recusal Application
Outcome
Appeal allowed
Legal Topics
Apparent Bias, Impartiality of Judge, Guardian Ad Litem Role, Setting Aside Findings, Domestic Violence Fact Finding
Family Law Judicial Recusal Apparent Bias Impartiality of Judge Guardian Ad Litem Role Setting Aside Findings Domestic Violence Fact Finding

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Parties

Appellant father

Appellant

London Borough of Barking & Dagenham

First Respondent (local Authority)

Mother

Second Respondent

Guardian ad Litem

Third Respondent

Procedural Posture

Public Law Family Proceedings (children) / Appeal From Fact Finding Hearing and Recusal Application

Legal Issues

  1. 1 Whether the Recorder should have set aside her findings of fact after recusing herself due to an ongoing professional relationship with the guardian ad litem
  2. 2 Whether the circumstances gave rise to apparent bias requiring recusal and setting aside of findings

Ratio Decidendi

The Recorder's ongoing professional relationship with the guardian ad litem, who was not neutral in the fact-finding hearing, gave rise to apparent bias. The findings of fact must be set aside to maintain the appearance of impartiality.

Court Disposition

Appeal allowed

Orders

  • Findings of fact made by Recorder Sadd on 23 October set aside
  • Application granted