R-B (A Child)

R-B (A Child)

The appeal was allowed because the judge at first instance crossed the line between robust case management and fairness, imposed undue pressure on the vulnerable appellant mother, and failed to provide an adequately reasoned judgment as required by law and precedent. The applications for care and placement orders must be reheard by another judge.

Parties
Appellant Mother: S; Respondent Local Authority: Hampshire County Council; Subject Child: J; Father: J's father; Guardian: Children's guardian
Jurisdiction
England and Wales
Judgment Date
02 July 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Care Order, Placement Order, Adoption, Case Management, Judicial Reasoning, Procedural Fairness
Family Law Child Protection Care Order Placement Order Adoption Case Management Judicial Reasoning Procedural Fairness

Case Brief

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Parties

S

Appellant Mother

Hampshire County Council

Respondent Local Authority

J

Subject Child

J's father

Father

Children's guardian

Guardian

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge provided adequate reasons for making care and placement orders
  2. 2 Whether undue judicial pressure was placed on the appellant mother to change her position
  3. 3 Whether the appellant was denied the opportunity of a contested final hearing

Ratio Decidendi

The appeal was allowed because the judge at first instance crossed the line between robust case management and fairness, imposed undue pressure on the vulnerable appellant mother, and failed to provide an adequately reasoned judgment as required by law and precedent. The applications for care and placement orders must be reheard by another judge.

Court Disposition

appeal allowed

Orders

  • Applications for care and placement orders to be reheard by another judge
  • Matter to be relisted within seven days before Roberts J with appropriate case management directions