P (A Child), Re [2012] EWCC 6 (Fam) (15 November 2012)

P (A Child), Re [2012] EWCC 6 (Fam) (15 November 2012)

The refusal to grant the maternal grandparents permission to apply for a residence order and their discharge as parties was procedurally unfair and not compliant with Article 6 ECHR, as they were denied a fair opportunity to present their case at a full hearing.

Citation
[2012] EWCC 6 (Fam)
Parties
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 and Discharge of Party Status
Outcome
Appeal allowed; decision quashed
Legal Topics
Care Proceedings, Residence Order, Special Guardianship, Procedural Fairness, Article 6 ECHR
Family Law Child Welfare Care Proceedings Residence Order Special Guardianship Procedural Fairness Article 6 ECHR

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Parties

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 and Discharge of Party Status

Legal Issues

  1. 1 Whether the refusal to grant permission to the maternal grandparents to apply for a residence order was procedurally fair
  2. 2 Whether the discharge of the grandparents as parties was justified
  3. 3 Whether the process complied with Article 6 ECHR

Ratio Decidendi

The refusal to grant the maternal grandparents permission to apply for a residence order and their discharge as parties was procedurally unfair and not compliant with Article 6 ECHR, as they were denied a fair opportunity to present their case at a full hearing.

Court Disposition

Appeal allowed; decision quashed

Orders

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