GA v London Borough of Southwark & Ors [2003] EWHC 2011 (Fam) (4 August 2003)

GA v London Borough of Southwark & Ors [2003] EWHC 2011 (Fam) (4 August 2003)

The appeal is dismissed because the district judge's findings that the threshold criteria were met were justified on the evidence, the mother's failure to give oral evidence properly led to adverse inferences, and the refusal to allow Michael to give oral evidence was within the judge's discretion and did not amount to a breach of Article 6 ECHR.

Citation
[2003] EWHC 2011 (Fam)
Parties
Appellant: GA; 1st Respondent: The Mayor and Burgess of the London Borough of Southwark; 2nd Respondent: TO; 3rd Respondent: MO
Jurisdiction
England and Wales
Judgment Date
04 August 2003
Procedural Posture
Appeal (family Law Care Proceedings) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Threshold Criteria, Children Giving Evidence, Failure to Give Evidence, Article 6 ECHR, Children Act 1989
Family Law Child Protection Care Proceedings Threshold Criteria Children Giving Evidence Failure to Give Evidence Article 6 ECHR Children Act 1989

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

GA

Appellant

The Mayor and Burgess of the London Borough of Southwark

1st Respondent

TO

2nd Respondent

MO

3rd Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Judgment on Appeal

Legal Issues

  1. 1 Whether the threshold criteria under section 31 of the Children Act 1989 were met for care orders
  2. 2 Whether the mother's failure to give oral evidence should be determinative
  3. 3 Whether refusal to allow the child Michael to give oral evidence deprived the mother and Michael of a fair hearing under Article 6 ECHR

Ratio Decidendi

The appeal is dismissed because the district judge's findings that the threshold criteria were met were justified on the evidence, the mother's failure to give oral evidence properly led to adverse inferences, and the refusal to allow Michael to give oral evidence was within the judge's discretion and did not amount to a breach of Article 6 ECHR.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs save for usual assessment