GB (Children)

GB (Children)

The refusal to adjourn the final hearing to allow the mother to obtain alternative legal representation did not breach her Article 6 ECHR right to a fair trial. The process, viewed as a whole, was fair: the mother had extensive legal representation prior to the hearing, the judge and advocates assisted her as a litigant in person, and the need for finality for the children justified proceeding. The judge's approach was proportionate and supportive, and the appeal was dismissed.

Parties
Appellant: Mother; Respondent Local Authority: Wakefield Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
07 February 2013
Procedural Posture
Care Proceedings (children) / Appeal From Final Orders in Care Proceedings; Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Care Orders, Special Guardianship Orders, Article 6 ECHR (fair Trial), Adjournment Applications, Litigants in Person, Delay in Proceedings
Family Law Child Protection Civil Procedure Care Orders Special Guardianship Orders Article 6 ECHR (fair Trial) Adjournment Applications Litigants in Person +1 more

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Parties

Mother

Appellant

Wakefield Metropolitan Borough Council

Respondent Local Authority

Procedural Posture

Care Proceedings (children) / Appeal From Final Orders in Care Proceedings; Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the refusal to adjourn the final hearing to allow the mother to obtain alternative legal representation breached her Article 6 right to a fair trial
  2. 2 Whether the process adopted by the trial judge was unfair to the mother as a litigant in person
  3. 3 Whether the judge's findings and orders should be set aside due to alleged procedural unfairness

Ratio Decidendi

The refusal to adjourn the final hearing to allow the mother to obtain alternative legal representation did not breach her Article 6 ECHR right to a fair trial. The process, viewed as a whole, was fair: the mother had extensive legal representation prior to the hearing, the judge and advocates assisted her as a litigant in person, and the need for finality for the children justified proceeding. The judge's approach was proportionate and supportive, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; orders of the lower court stand