L & B (Children), Re [2010] EWCA Civ 1118 (23 September 2010)

L & B (Children), Re [2010] EWCA Civ 1118 (23 September 2010)

Because the Recorder had a current professional relationship with the guardian ad litem at the time of the fact-finding hearing, and the guardian was not neutral but supported one party, the appearance of bias required that the fact-finding judgment be set aside.

Citation
[2010] EWCA Civ 1118
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 (care/supervision Orders) / Appeal From Fact Finding and Recusal Decision
Outcome
Appeal allowed
Legal Topics
Recusal of Judge, Apparent Bias, Fact Finding in Care Proceedings, Role of Guardian Ad Litem
Family Law Judicial Ethics Recusal of Judge Apparent Bias Fact Finding in Care Proceedings Role of Guardian Ad Litem

Case Brief

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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 (care/supervision Orders) / Appeal From Fact Finding and Recusal Decision

Legal Issues

  1. 1 Whether the Recorder should have set aside her earlier fact-finding judgment after recusing herself due to a current professional relationship with the guardian ad litem
  2. 2 Whether the appearance of bias required the fact-finding judgment to be set aside

Ratio Decidendi

Because the Recorder had a current professional relationship with the guardian ad litem at the time of the fact-finding hearing, and the guardian was not neutral but supported one party, the appearance of bias required that the fact-finding judgment be set aside.

Court Disposition

Appeal allowed

Orders

  • Fact-finding judgment of 23 October set aside
  • Case to be reheard before a different judge