M (Children: Applications By Email)

M (Children: Applications By Email)

The order discharging the psychological assessment was wrong and unjust due to serious procedural irregularity; the mother was denied procedural fairness, and her circumstances and vulnerabilities were not properly considered. The appeal is allowed and the original order reinstated with revised dates and a new expert.

Parties
Appellant: Mother; Respondent Local Authority: Derby City Council; Respondent Father: Father; Respondent Children: Children (by their Children’s Guardian); Respondent Father 1: Father 1; Respondent Uncle and Aunt: Uncle and Aunt
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Family / Appeal From Case Management Order
Outcome
Appeal allowed; order set aside; original order reinstated with revised timetable and new expert.
Legal Topics
Case Management, Expert Evidence, Procedural Fairness, Children's Welfare
Family Law Civil Procedure Case Management Expert Evidence Procedural Fairness Children's Welfare

Case Brief

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Parties

Mother

Appellant

Derby City Council

Respondent Local Authority

Father

Respondent Father

Children (by their Children’s Guardian)

Respondent Children

Father 1

Respondent Father 1

Uncle and Aunt

Respondent Uncle and Aunt

Procedural Posture

Family / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the discharge of the psychological assessment order was procedurally fair
  2. 2 Whether the order was properly made without a hearing or notice
  3. 3 Whether the mother's vulnerabilities and circumstances were adequately considered

Ratio Decidendi

The order discharging the psychological assessment was wrong and unjust due to serious procedural irregularity; the mother was denied procedural fairness, and her circumstances and vulnerabilities were not properly considered. The appeal is allowed and the original order reinstated with revised dates and a new expert.

Court Disposition

Appeal allowed; order set aside; original order reinstated with revised timetable and new expert.

Orders

  • The order vacating the psychological assessment is set aside.
  • The original order for psychological assessment is reinstated with revised dates and a new expert.