A (Children), Re

A (Children), Re

Although the judge's meeting with JO after the close of evidence but before judgment was a procedural irregularity and breached the guidelines, the error was not sufficiently serious to undermine the integrity of the trial process or the findings of fact, as the judgment was based on the evidence presented at trial and the meeting did not materially affect the outcome.

Parties
Mother/appellant: MA; Father/appellant: J; Applicant: Local Authority (County Council); Children's Guardian: Children's Guardian; Intervener: Mr R; Interveners (maternal Grandparents): Mr and Mrs St
Jurisdiction
England and Wales
Judgment Date
13 January 2012
Procedural Posture
Appeal (care Proceedings) / Appeal From Preliminary Issue Trial Judgment in Care Proceedings
Outcome
Appeals dismissed
Legal Topics
Care Proceedings, Judicial Meetings With Children, Procedural Irregularity, Threshold Criteria, Sexual and Physical Abuse Allegations
Family Law Child Protection Care Proceedings Judicial Meetings With Children Procedural Irregularity Threshold Criteria Sexual and Physical Abuse Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

MA

Mother/appellant

J

Father/appellant

Local Authority (County Council)

Applicant

Children's Guardian

Children's Guardian

Mr R

Intervener

Mr and Mrs St

Interveners (maternal Grandparents)

Procedural Posture

Appeal (care Proceedings) / Appeal From Preliminary Issue Trial Judgment in Care Proceedings

Legal Issues

  1. 1 Whether the judge's meeting with the child JO after evidence but before judgment constituted a procedural irregularity undermining the integrity of the judgment
  2. 2 Whether the judge improperly relied on evidence from the meeting with JO in making findings of fact
  3. 3 Whether the findings of fact and threshold criteria were properly established

Ratio Decidendi

Although the judge's meeting with JO after the close of evidence but before judgment was a procedural irregularity and breached the guidelines, the error was not sufficiently serious to undermine the integrity of the trial process or the findings of fact, as the judgment was based on the evidence presented at trial and the meeting did not materially affect the outcome.

Court Disposition

Appeals dismissed

Orders

  • Order below augmented to specify findings limited to schedules F, F1 (with one deletion), and the extension of F1 with paragraph 99 findings as per the local authority's concession.