O (Care Proceedings), Re
The judge's decision to exclude the mother as a future carer for the child at a case management hearing, without notice or opportunity for her to give evidence or make submissions, was a serious procedural irregularity resulting in injustice. The appeal is allowed and the relevant recital is deleted from the order.
- Parties
- Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
- Jurisdiction
- England and Wales
- Judgment Date
- 20 June 2024
- Procedural Posture
- Care Proceedings (family) / Appeal From Case Management Hearing
- Outcome
- Appeal allowed
- Legal Topics
- Care Proceedings, Procedural Fairness, Case Management, Exclusion of Parent as Carer, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Mother
Appellant
Local Authority
First Respondent
Father
Second Respondent
Children's Guardian
Third Respondent
Procedural Posture
Care Proceedings (family) / Appeal From Case Management Hearing
Legal Issues
- 1 Whether the judge's decision to exclude the mother as a future carer at a case management hearing was unjust due to procedural irregularity
Ratio Decidendi
The judge's decision to exclude the mother as a future carer for the child at a case management hearing, without notice or opportunity for her to give evidence or make submissions, was a serious procedural irregularity resulting in injustice. The appeal is allowed and the relevant recital is deleted from the order.
Court Disposition
Appeal allowed
Orders
- Recital 5 of the order dated 17 April 2024 is deleted.
- Proceedings to be transferred to another judge for urgent case management hearing.
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