S (A Child)

S (A Child)

Permission to appeal is granted because the case raises important points of principle and practice regarding fairness of process, weight to be given to first instance findings based on oral evidence, the appropriateness of substituting decisions without hearing evidence, and proportionality of care and placement orders.

Parties
Subject: S (A Child); Applicant: Applicant father; Respondent: Local Authority; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Care and Placement Proceedings (child) / Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Care Orders, Placement Orders, Appeals, Parental Rights, Fair Hearing
Family Law Child Law Care Orders Placement Orders Appeals Parental Rights Fair Hearing

Case Brief

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Parties

S (A Child)

Subject

Applicant father

Applicant

Local Authority

Respondent

Mother

Respondent

Procedural Posture

Care and Placement Proceedings (child) / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the process on appeal to the circuit judge was fair given the father's lack of representation
  2. 2 Whether the circuit judge gave sufficient weight to the district judge's advantage of having heard oral evidence
  3. 3 Whether the circuit judge was entitled to substitute her own decision to remove the child and make a placement order without hearing oral evidence

Ratio Decidendi

Permission to appeal is granted because the case raises important points of principle and practice regarding fairness of process, weight to be given to first instance findings based on oral evidence, the appropriateness of substituting decisions without hearing evidence, and proportionality of care and placement orders.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Stay granted; contact to be restored to previous arrangements