P (A Child: Fair Hearing)

P (A Child: Fair Hearing)

The proceedings as a whole were fair. Although the mother was left unrepresented for part of the hearing due to the late admission of an email, she had legal representation for the majority of the case, was assisted by a lay advocate, and the father’s counsel presented a similar case. The Recorder made appropriate procedural adjustments and considered the interests of all parties, including the child. The disadvantages to the mother were limited and outweighed by the prejudice to the child and other parties if the hearing was adjourned. There was no breach of natural justice or Convention rights.

Parties
Appellant: Mother; Respondent Local Authority: Coventry City Council; Respondent Father: Father; Respondent Child: Child (C) by her Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Appeal (family/child Placement) / Appeal From Family Court Judgment and Refusal to Adjourn/reopen Hearing
Outcome
Appeal dismissed
Legal Topics
Fair Hearing, Adjournment, Legal Representation, Placement Order, Article 6 ECHR, Article 14 ECHR, Natural Justice, Case Management
Family Law Civil Procedure Human Rights Fair Hearing Adjournment Legal Representation Placement Order Article 6 ECHR +3 more

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Parties

Mother

Appellant

Coventry City Council

Respondent Local Authority

Father

Respondent Father

Child (C) by her Children’s Guardian

Respondent Child

Procedural Posture

Appeal (family/child Placement) / Appeal From Family Court Judgment and Refusal to Adjourn/reopen Hearing

Legal Issues

  1. 1 Whether refusal to adjourn the final hearing after the mother lost legal representation rendered the proceedings unfair
  2. 2 Whether the Recorder erred in refusing to reopen the hearing after judgment
  3. 3 Whether the process breached Article 6 and/or Article 14 ECHR rights

Ratio Decidendi

The proceedings as a whole were fair. Although the mother was left unrepresented for part of the hearing due to the late admission of an email, she had legal representation for the majority of the case, was assisted by a lay advocate, and the father’s counsel presented a similar case. The Recorder made appropriate procedural adjustments and considered the interests of all parties, including the child. The disadvantages to the mother were limited and outweighed by the prejudice to the child and other parties if the hearing was adjourned. There was no breach of natural justice or Convention rights.

Court Disposition

Appeal dismissed

Orders

  • Care and placement orders affirmed
  • No rehearing or adjournment granted