C (A Child) , Re

C (A Child) , Re

The appeal was allowed because the County Court proceedings were marred by serious procedural irregularities, denial of natural justice, failure to conduct a fact finding hearing, and improper reliance on untested allegations and conflicted evidence, rendering the welfare evaluation and resulting orders unjust.

Parties
Appellant: JC; Respondent: KH; Subject: C (A Child); Interested Party: Cafcass
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Children Act 1989 Proceedings / Appeal From County Court Judgment
Outcome
Appeal allowed; County Court order set aside; directions for re-hearing and further case management issued.
Legal Topics
Prohibited Steps Order, Contact Order, Procedural Irregularities, Natural Justice, Litigants in Person, Conflict of Interest, Case Management, Welfare of the Child
Family Law Child Law Prohibited Steps Order Contact Order Procedural Irregularities Natural Justice Litigants in Person Conflict of Interest +2 more

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Parties

JC

Appellant

KH

Respondent

C (A Child)

Subject

Cafcass

Interested Party

Procedural Posture

Children Act 1989 Proceedings / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether procedural irregularities rendered the County Court order unjust
  2. 2 Whether the welfare evaluation was based on untested allegations
  3. 3 Whether the father was denied natural justice

Ratio Decidendi

The appeal was allowed because the County Court proceedings were marred by serious procedural irregularities, denial of natural justice, failure to conduct a fact finding hearing, and improper reliance on untested allegations and conflicted evidence, rendering the welfare evaluation and resulting orders unjust.

Court Disposition

Appeal allowed; County Court order set aside; directions for re-hearing and further case management issued.

Orders

  • Contact order set aside
  • Directions for urgent re-hearing before new judge