C (A Child), Re

C (A Child), Re

The appeal was allowed because the parents' disabilities were not adequately accommodated, interpretation and assessment were insufficient, and procedural fairness was compromised, requiring a rehearing before a different judge with proper expert involvement.

Parties
Appellant: Father; Appellant: Mother; Respondent: Local Authority; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
21 January 2014
Procedural Posture
Family / Appeal From Final Orders (care and Placement for Adoption)
Outcome
appeal allowed by consent
Legal Topics
Care Orders, Adoption, Parental Disability, Interpretation for Deaf Parties, Procedural Fairness
Family Law Disability Law Child Protection Care Orders Adoption Parental Disability Interpretation for Deaf Parties Procedural Fairness

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Parties

Father

Appellant

Mother

Appellant

Local Authority

Respondent

Children's Guardian

Interested Party

Procedural Posture

Family / Appeal From Final Orders (care and Placement for Adoption)

Legal Issues

  1. 1 Whether the parents' disabilities were adequately accommodated in the proceedings
  2. 2 Whether proper interpretation and assessment were provided for the deaf father and learning-disabled mother
  3. 3 Whether the threshold criteria for care order were properly established and consented to

Ratio Decidendi

The appeal was allowed because the parents' disabilities were not adequately accommodated, interpretation and assessment were insufficient, and procedural fairness was compromised, requiring a rehearing before a different judge with proper expert involvement.

Court Disposition

appeal allowed by consent

Orders

  • placement for adoption order set aside
  • full care order set aside