P v Essex County Council [2012] EW Misc 31 (CC) (15 November 2012)

P v Essex County Council [2012] EW Misc 31 (CC) (15 November 2012)

The refusal to grant the maternal grandparents permission to apply for a residence order was procedurally unfair, as they were denied a fair hearing and the opportunity to present their case, contrary to Article 6 ECHR. The decision was fatally flawed and must be quashed.

Citation
[2012] EW Misc 31 (CC)
Parties
Child: P; Mother: A; Father: B; Maternal Grandparents: Mr and Mrs P; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Care Proceedings / Appeal Against Refusal of Permission to Apply for Residence Order
Outcome
Appeal allowed; decision quashed; matter remitted for final hearing.
Legal Topics
Care Proceedings, Residence Order, Special Guardianship, Procedural Fairness, Article 6 ECHR
Family Law Child Protection Care Proceedings Residence Order Special Guardianship Procedural Fairness Article 6 ECHR

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

P

Child

A

Mother

B

Father

Mr and Mrs P

Maternal Grandparents

Local Authority

Applicant

Procedural Posture

Care Proceedings / Appeal Against Refusal of Permission to Apply for Residence Order

Legal Issues

  1. 1 Whether the refusal to grant the maternal grandparents permission to apply for a residence order was procedurally fair
  2. 2 Whether the withdrawal of the grandparents' special guardianship application was valid
  3. 3 Whether the court properly considered the welfare of the child and the rights of the parties under Article 6 ECHR

Ratio Decidendi

The refusal to grant the maternal grandparents permission to apply for a residence order was procedurally unfair, as they were denied a fair hearing and the opportunity to present their case, contrary to Article 6 ECHR. The decision was fatally flawed and must be quashed.

Court Disposition

Appeal allowed; decision quashed; matter remitted for final hearing.

Orders

  • Permission to appeal granted to Mr and Mrs P.
  • Decision of 15th and 26th October quashed.