K and L (Children: Fairness of Hearing)

K and L (Children: Fairness of Hearing)

The hearing was unfair to the mother due to the judge's excessive intervention during her evidence and closing submissions, combined with refusal to allow reasonable requests for time and special measures, thereby denying her a fair opportunity to present her case. The judge also failed to conduct a proper analysis of the welfare checklist, particularly the likely effect on the children of removal from their mother.

Parties
Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal
Outcome
Appeal allowed; care orders set aside; rehearing ordered.
Legal Topics
Care Orders, Fair Hearing, Judicial Bias, Welfare Checklist, Children Act 1989
Family Law Child Protection Care Orders Fair Hearing Judicial Bias Welfare Checklist Children Act 1989

Case Brief

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Parties

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal

Legal Issues

  1. 1 Whether the conduct of the final hearing was unfair to the mother and/or gave rise to an appearance of bias
  2. 2 Whether the judge failed to conduct a proper analysis of the welfare checklist, particularly the impact of removal on the children

Ratio Decidendi

The hearing was unfair to the mother due to the judge's excessive intervention during her evidence and closing submissions, combined with refusal to allow reasonable requests for time and special measures, thereby denying her a fair opportunity to present her case. The judge also failed to conduct a proper analysis of the welfare checklist, particularly the likely effect on the children of removal from their mother.

Court Disposition

Appeal allowed; care orders set aside; rehearing ordered.

Orders

  • Appeal allowed
  • Care orders made on 10 March 2023 set aside