T (A Child), Re

T (A Child), Re

The procedural deficiencies, including failure to serve the guardian's report on the appellant and lack of representation, were too grave to allow the orders to stand; a re-trial is necessary to ensure fairness.

Parties
Appellant: Appellant mother; Respondent: Local Authority; Subject: T (A Child); Respondent: Father
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Public Law Children Act Proceedings (adoption) / Appeal From County Court Judgment on Application for Permission to Oppose Adoption
Outcome
Application allowed; orders set aside; case remitted for re-trial before a different judge.
Legal Topics
Adoption, Procedural Fairness, Children Act Proceedings
Family Law Child Law Adoption Procedural Fairness Children Act Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant mother

Appellant

Local Authority

Respondent

T (A Child)

Subject

Father

Respondent

Procedural Posture

Public Law Children Act Proceedings (adoption) / Appeal From County Court Judgment on Application for Permission to Oppose Adoption

Legal Issues

  1. 1 Whether the appellant mother was denied procedural fairness by not being served with the guardian's report and not being represented
  2. 2 Whether the orders made should be set aside due to procedural deficiencies

Ratio Decidendi

The procedural deficiencies, including failure to serve the guardian's report on the appellant and lack of representation, were too grave to allow the orders to stand; a re-trial is necessary to ensure fairness.

Court Disposition

Application allowed; orders set aside; case remitted for re-trial before a different judge.

Orders

  • Orders made on 13 July set aside
  • Case remitted for re-trial before a different judge