C (Children), Re

C (Children), Re

The appellate judge erred by conducting a re-hearing and making findings of fact based on oral evidence from the mother, rather than limiting himself to a review of the justices' decision. This process was unfair to the mother and undermined her position. The orders made by Judge Parker were set aside and the matter was remitted for a fresh hearing.

Parties
Appellant: Mother; 1st Respondent: Warrington Borough Council; 2nd Respondent: Father; 3rd Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 April 2016
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Appeal Procedure, Re Hearing Vs Review, Recusal of Judge, Procedural Fairness
Family Law Civil Procedure Care Proceedings Appeal Procedure Re Hearing Vs Review Recusal of Judge Procedural Fairness

Case Brief

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Parties

Mother

Appellant

Warrington Borough Council

1st Respondent

Father

2nd Respondent

Children's Guardian

3rd Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellate judge erred by conducting a re-hearing rather than a review
  2. 2 Whether the process adopted was unfair to the mother
  3. 3 Whether the judge should have recused himself from the re-hearing

Ratio Decidendi

The appellate judge erred by conducting a re-hearing and making findings of fact based on oral evidence from the mother, rather than limiting himself to a review of the justices' decision. This process was unfair to the mother and undermined her position. The orders made by Judge Parker were set aside and the matter was remitted for a fresh hearing.

Court Disposition

Appeal allowed

Orders

  • All orders made by Judge Parker in connection with the local authority’s appeal set aside
  • Matter remitted to the Family Court for the local authority’s appeal to be determined afresh before a different judge