Lancashire County Council v M & Ors (COVID-19 Adjournment Application) (Rev 1)

Lancashire County Council v M & Ors (COVID-19 Adjournment Application) (Rev 1)

Adjourning the final hearing for a fully face to face hearing in Preston is not necessary or appropriate; the court has arranged a COVID-secure face to face hearing in Manchester and, as a contingency, a fair hybrid hearing can be facilitated. Delay would be highly prejudicial to the child's welfare and is not justified by the parents' anxieties, which can be accommodated by support measures.

Parties
Applicant: Lancashire County Council; First Respondent: M; Second Respondent: F; Third Respondent: C (By his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Adjournment Application Ruling
Outcome
Father's application to adjourn refused
Legal Topics
Adjournment, Remote Hearings, Hybrid Hearings, COVID 19 Protocol, Delay and Welfare, Fair Trial Rights
Family Law Child Protection Adjournment Remote Hearings Hybrid Hearings COVID 19 Protocol Delay and Welfare Fair Trial Rights

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Parties

Lancashire County Council

Applicant

M

First Respondent

F

Second Respondent

C (By his Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Adjournment Application Ruling

Legal Issues

  1. 1 Whether to adjourn the part heard final hearing until a fully face to face hearing can be held in Preston
  2. 2 Whether a hybrid or remote hearing is fair and effective given the parents' vulnerabilities and anxieties
  3. 3 Impact of delay on the welfare of the child

Ratio Decidendi

Adjourning the final hearing for a fully face to face hearing in Preston is not necessary or appropriate; the court has arranged a COVID-secure face to face hearing in Manchester and, as a contingency, a fair hybrid hearing can be facilitated. Delay would be highly prejudicial to the child's welfare and is not justified by the parents' anxieties, which can be accommodated by support measures.

Court Disposition

Father's application to adjourn refused

Orders

  • Final hearing to proceed as timetabled at Manchester Civil Justice Centre, either fully face to face or, as contingency, hybrid with parents attending remotely from Preston with legal and intermediary support.
  • Local authority to consider funding private transport for parents to Manchester.