N (A Child) [2012] EWCA Civ 1563 (31 October 2012)

N (A Child) [2012] EWCA Civ 1563 (31 October 2012)

The judge's approach in making final care and placement orders at the issues resolution hearing, without affording the parents a fair opportunity to file evidence or make submissions, was impermissible and breached procedural fairness and Article 6 ECHR. The orders must be set aside and the matter relisted for a fresh hearing.

Citation
[2012] EWCA Civ 1563
Parties
Appellant Mother: Miss Burden; Appellant Father: Mr Newman; Respondent Local Authority: Swindon Borough Council; Subject Child: TJ (a child); Subject Child: M (a child)
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Appeal (care Proceedings) / Appeal From Final Care and Placement Orders Made at Issues Resolution Hearing
Outcome
appeal allowed; orders set aside; matter relisted for fresh hearing
Legal Topics
Care Orders, Placement for Adoption, Procedural Fairness, Article 6 ECHR, Issues Resolution Hearing
Family Law Child Protection Care Orders Placement for Adoption Procedural Fairness Article 6 ECHR Issues Resolution Hearing

Case Brief

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Parties

Miss Burden

Appellant Mother

Mr Newman

Appellant Father

Swindon Borough Council

Respondent Local Authority

TJ (a child)

Subject Child

M (a child)

Subject Child

Procedural Posture

Appeal (care Proceedings) / Appeal From Final Care and Placement Orders Made at Issues Resolution Hearing

Legal Issues

  1. 1 Whether the judge erred in making final care and placement orders at an issues resolution hearing without affording the parents a fair opportunity to present evidence and submissions
  2. 2 Whether the process adopted breached Article 6 ECHR (right to a fair trial) and the Family Procedure Rules

Ratio Decidendi

The judge's approach in making final care and placement orders at the issues resolution hearing, without affording the parents a fair opportunity to file evidence or make submissions, was impermissible and breached procedural fairness and Article 6 ECHR. The orders must be set aside and the matter relisted for a fresh hearing.

Court Disposition

appeal allowed; orders set aside; matter relisted for fresh hearing

Orders

  • Set aside the care order and placement for adoption order made by HHJ Marshall on 15 June 2012
  • Direct the matter be relisted before Baker J for a fresh issues resolution hearing