H-T ( Children)

H-T ( Children)

The judge erred by predetermining issues that should be reserved for the final hearing, failed to analyse whether supervised contact could be managed safely, and conflated the risk from sexual abuse allegations with domestic violence, resulting in an unjustified blanket refusal of contact at the interim stage. The section 34(4) directions were therefore set aside.

Parties
Applicant: Applicant Father; Appellant: Appellant Mother; Respondent: Local Authority; Respondent: Children (by their Guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2012
Procedural Posture
Appeal / Appeal Against Interim Care Order (section 34(4) Children Act 1989) Refusing Parental Contact
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Contact With Children, Section 34(4) Children Act 1989, Domestic Violence, Sexual Abuse Allegations, Judicial Discretion, Welfare of the Child
Family Law Child Protection Interim Care Orders Contact With Children Section 34(4) Children Act 1989 Domestic Violence Sexual Abuse Allegations Judicial Discretion +1 more

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Parties

Applicant Father

Applicant

Appellant Mother

Appellant

Local Authority

Respondent

Children (by their Guardian)

Respondent

Procedural Posture

Appeal / Appeal Against Interim Care Order (section 34(4) Children Act 1989) Refusing Parental Contact

Legal Issues

  1. 1 Whether the judge erred in making a section 34(4) Children Act 1989 direction refusing all contact between parents and children at the interim stage
  2. 2 Whether the judge failed to properly consider the possibility and management of supervised contact
  3. 3 Whether the judge conflated allegations of sexual abuse and domestic violence in his risk assessment

Ratio Decidendi

The judge erred by predetermining issues that should be reserved for the final hearing, failed to analyse whether supervised contact could be managed safely, and conflated the risk from sexual abuse allegations with domestic violence, resulting in an unjustified blanket refusal of contact at the interim stage. The section 34(4) directions were therefore set aside.

Court Disposition

Appeal allowed

Orders

  • Section 34(4) directions refusing contact discharged for all four children
  • Case remitted to Chelmsford County Court for reconsideration of interim contact arrangements on 24 September