K (Children), Re

K (Children), Re

Although the judge exceeded his jurisdiction in March 2011 by making a further section 37 direction and interim care order after the local authority had discharged its duty and opposed further orders, this error did not taint the proceedings as a whole with bias or unfairness. The process, viewed in its entirety, was fair and the final decisions were supported by the evidence and professional opinion.

Parties
Appellants: Mr and Mrs B; Respondent: Leicestershire County Council; Respondent: Torbay Council; Respondent: Dr K (father); Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Children Act 1989, Section 37 Directions, Interim Care Orders, Judicial Bias, Procedural Fairness
Family Law Child Protection Children Act 1989 Section 37 Directions Interim Care Orders Judicial Bias Procedural Fairness

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Parties

Mr and Mrs B

Appellants

Leicestershire County Council

Respondent

Torbay Council

Respondent

Dr K (father)

Respondent

Children’s Guardian

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the court exceeded its jurisdiction by making repeated section 37 directions and interim care orders under the Children Act 1989 against the opposition of the local authority
  2. 2 Whether the process was tainted by judicial bias or procedural unfairness

Ratio Decidendi

Although the judge exceeded his jurisdiction in March 2011 by making a further section 37 direction and interim care order after the local authority had discharged its duty and opposed further orders, this error did not taint the proceedings as a whole with bias or unfairness. The process, viewed in its entirety, was fair and the final decisions were supported by the evidence and professional opinion.

Court Disposition

Appeal dismissed