W (A Child), Re

W (A Child), Re

The Court of Appeal held that the adverse findings made against SW, PO, and the local authority were made in breach of their rights to procedural fairness under Article 8 (and Article 6 for the local authority), as the findings were not put to them during the hearing and they had no opportunity to respond. The Court has jurisdiction to set aside such findings as a remedy for the breach, and those findings are to be treated as if they had never been made.

Parties
Appellant: Local Authority; Appellant: SW (Social Worker); Appellant: PO (Police Officer); Respondent: Third Respondent (Family Member)
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Appeal (family Law Care Proceedings) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Article 8 ECHR (right to Private Life), Article 6 ECHR (right to Fair Trial), Appeals From Findings of Fact, Status of Parties and Intervenors, Remedies for Unfair Process
Family Law Human Rights Law Civil Procedure Procedural Fairness Article 8 ECHR (right to Private Life) Article 6 ECHR (right to Fair Trial) Appeals From Findings of Fact Status of Parties and Intervenors +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Local Authority

Appellant

SW (Social Worker)

Appellant

PO (Police Officer)

Appellant

Third Respondent (Family Member)

Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a non-party witness subject to adverse judicial findings in family proceedings can appeal those findings on the basis of procedural unfairness and breach of Article 8 ECHR rights
  2. 2 Whether the Court of Appeal has jurisdiction to entertain an appeal against findings not encapsulated in an order or declaration
  3. 3 What procedural fairness is required under Article 8 ECHR when a judge makes adverse findings against a professional witness

Ratio Decidendi

The Court of Appeal held that the adverse findings made against SW, PO, and the local authority were made in breach of their rights to procedural fairness under Article 8 (and Article 6 for the local authority), as the findings were not put to them during the hearing and they had no opportunity to respond. The Court has jurisdiction to set aside such findings as a remedy for the breach, and those findings are to be treated as if they had never been made.

Court Disposition

Appeal allowed

Orders

  • The adverse findings made against SW, PO, and the local authority are set aside and are to be regarded as if they had never been made.