CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

The judge's refusal to permit an independent risk assessment of the mother was procedurally unfair and a misapplication of judicial discretion, as she had prejudged the outcome of the care proceedings at the fact-finding stage, thereby denying the mother a fair opportunity to present her case. The perception of unfairness required the final hearing to be conducted by a different judge.

Citation
[2009] EWCA Civ 1008
Parties
Appellant: CR; Respondent: Local Authority; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Appeal From County Court (care Proceedings) / Permission to Appeal and Substantive Appeal Decision
Outcome
Appeal allowed
Legal Topics
Split Hearings, Independent Assessment, Procedural Fairness, Judicial Discretion, Delay in Proceedings, Interplay Between Care and Criminal Proceedings
Family Law Child Protection Care Proceedings Split Hearings Independent Assessment Procedural Fairness Judicial Discretion Delay in Proceedings +1 more

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Parties

CR

Appellant

Local Authority

Respondent

Guardian

Respondent

Procedural Posture

Appeal From County Court (care Proceedings) / Permission to Appeal and Substantive Appeal Decision

Legal Issues

  1. 1 Whether refusal to permit independent risk assessment of mother was procedurally unfair
  2. 2 Whether judge prejudged outcome of care proceedings
  3. 3 Whether final hearing should be before a different judge

Ratio Decidendi

The judge's refusal to permit an independent risk assessment of the mother was procedurally unfair and a misapplication of judicial discretion, as she had prejudged the outcome of the care proceedings at the fact-finding stage, thereby denying the mother a fair opportunity to present her case. The perception of unfairness required the final hearing to be conducted by a different judge.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Order of 1 April 2009 set aside