S (a child), Re

S (a child), Re

The appeal is dismissed because the interim care order under challenge has expired and the proper course is for the order to be reconsidered by a circuit judge at first instance; the dismissal is without consideration of the merits of the appeal.

Parties
Appellant: Father of AS; Respondent: Devon County Council
Jurisdiction
England and Wales
Judgment Date
22 August 2007
Procedural Posture
Appeal Family Law (care Proceedings) / Appeal From Interim Care Order
Outcome
Appeal dismissed without consideration of merits; interim care order extended to 12 September 2007 for reconsideration at first instance.
Legal Topics
Interim Care Orders, Appeals Procedure, Case Management, Urgent Applications in Child Cases
Family Law Child Protection Interim Care Orders Appeals Procedure Case Management Urgent Applications in Child Cases

Case Brief

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Parties

Father of AS

Appellant

Devon County Council

Respondent

Procedural Posture

Appeal Family Law (care Proceedings) / Appeal From Interim Care Order

Legal Issues

  1. 1 Whether the interim care order removing the child from the father's care was properly made
  2. 2 Appropriate procedure for seeking a stay of implementation of a care order pending appeal
  3. 3 Case management and listing delays in family proceedings

Ratio Decidendi

The appeal is dismissed because the interim care order under challenge has expired and the proper course is for the order to be reconsidered by a circuit judge at first instance; the dismissal is without consideration of the merits of the appeal.

Court Disposition

Appeal dismissed without consideration of merits; interim care order extended to 12 September 2007 for reconsideration at first instance.

Orders

  • Interim care order extended until 12 September 2007, to be reconsidered by HHJ Russell in Torquay.
  • Counsel to draw up an agreed order reflecting the timetable and directions.