N (Children), Re

N (Children), Re

The judge's refusal to grant permission for the brother to apply for contact was outside the range of reasonable decisions, given the importance of the sibling relationship, the existence of a real issue regarding supervised versus unsupervised contact, and the applicant's legitimate need to be heard. The appeal is allowed and permission to apply for contact is granted.

Parties
Applicant: G; First Respondent: Leicester City Council; Second Respondent: Paternal Aunt; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Appeal / Judgment on Appeal From Case Management Decision in Care Proceedings
Outcome
Appeal allowed; application granted
Legal Topics
Care Proceedings, Contact Applications, Party Status, Children Act 1989, Case Management, Human Rights (article 6 and 8)
Family Law Child Law Care Proceedings Contact Applications Party Status Children Act 1989 Case Management Human Rights (article 6 and 8)

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Parties

G

Applicant

Leicester City Council

First Respondent

Paternal Aunt

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Case Management Decision in Care Proceedings

Legal Issues

  1. 1 Whether the applicant (brother) should have been granted permission to apply for contact with his sister in care proceedings
  2. 2 Whether the judge erred in refusing permission for contact application

Ratio Decidendi

The judge's refusal to grant permission for the brother to apply for contact was outside the range of reasonable decisions, given the importance of the sibling relationship, the existence of a real issue regarding supervised versus unsupervised contact, and the applicant's legitimate need to be heard. The appeal is allowed and permission to apply for contact is granted.

Court Disposition

Appeal allowed; application granted

Orders

  • Permission granted for the applicant to apply for contact with his sister