K (Children), Re

K (Children), Re

The judge erred by failing to make a clear decision either to endorse or veto the assessment of the father as sole carer, resulting in procedural confusion and unfairness. The proper course was to allow the assessment to proceed, ensuring all professional opinions were considered before making a final order.

Parties
Appellant: Appellant (Guardian); Respondent: Local Authority; Respondent: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
23 July 2009
Procedural Posture
Public Law Children Proceedings / Appeal From Interim Order (adjournment and Directions)
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Assessment of Parental Suitability, Procedural Fairness, Judicial Discretion
Family Law Child Protection Interim Care Orders Assessment of Parental Suitability Procedural Fairness Judicial Discretion

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Parties

Appellant (Guardian)

Appellant

Local Authority

Respondent

Mother

Respondent

Father

Respondent

Procedural Posture

Public Law Children Proceedings / Appeal From Interim Order (adjournment and Directions)

Legal Issues

  1. 1 Whether the judge erred in failing to make a clear decision on the assessment of the father as sole carer
  2. 2 Whether the judge's order caused procedural confusion and unfairness
  3. 3 Whether the judge should have robustly endorsed or vetoed the assessment plan

Ratio Decidendi

The judge erred by failing to make a clear decision either to endorse or veto the assessment of the father as sole carer, resulting in procedural confusion and unfairness. The proper course was to allow the assessment to proceed, ensuring all professional opinions were considered before making a final order.

Court Disposition

Appeal allowed

Orders

  • Paragraph 7 of the order set aside
  • Bar invited to rewrite paragraph 5 to include provision for expert report if agreed