T (Children)

T (Children)

Where there is a substantial delay between the close of evidence and the delivery of judgment in care proceedings, and the children have remained with their parents during that period, the judge must obtain and consider up-to-date evidence on the children's welfare before making final orders. Failure to do so renders the orders unsafe and requires the case to be remitted for reconsideration with updated evidence.

Parties
Appellant: Father (Appellant); First Respondent: Bournemouth Borough Council; Respondent: Child L; Respondent: Children's Guardians
Jurisdiction
England and Wales
Judgment Date
18 June 2015
Procedural Posture
Appeal Care Proceedings (children) / Appeal Judgment From Family Court to Court of Appeal
Outcome
Appeal allowed (in part)
Legal Topics
Care Proceedings, Delay in Judgment, Children Act 1989 S 32, Adoption and Children Act 2002, Welfare of the Child, Procedural Fairness
Family Law Child Protection Care Proceedings Delay in Judgment Children Act 1989 S 32 Adoption and Children Act 2002 Welfare of the Child Procedural Fairness

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Parties

Father (Appellant)

Appellant

Bournemouth Borough Council

First Respondent

Child L

Respondent

Children's Guardians

Respondent

Procedural Posture

Appeal Care Proceedings (children) / Appeal Judgment From Family Court to Court of Appeal

Legal Issues

  1. 1 What is the effect of a substantial delay between the close of evidence and the delivery of judgment in care proceedings?
  2. 2 Was the judge required to obtain up-to-date evidence before making final orders after such a delay?
  3. 3 Did the judge comply with the statutory timetable under Children Act 1989 s 32?

Ratio Decidendi

Where there is a substantial delay between the close of evidence and the delivery of judgment in care proceedings, and the children have remained with their parents during that period, the judge must obtain and consider up-to-date evidence on the children's welfare before making final orders. Failure to do so renders the orders unsafe and requires the case to be remitted for reconsideration with updated evidence.

Court Disposition

Appeal allowed (in part)

Orders

  • Final care and placement orders in respect of the four children who remained at home with their parents are set aside.
  • Case remitted to the same judge for re-appraisal in light of updated evidence to be filed by all parties.