H (A Child)

H (A Child)

The fresh psychiatric evidence regarding the mother's improved stability on lithium was significant and not available to the lower court; its admission justified ordering a viability assessment at Cassell Hospital.

Parties
Applicant: Mother; First Respondent: London Borough of Southwark; Second Respondent: Father; Third Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
28 March 2007
Procedural Posture
Appeal / Application for Permission to Appeal, Extension of Time, and Admission of Fresh Evidence
Outcome
Application granted
Legal Topics
Viability Assessment, Fresh Evidence on Appeal, Psychiatric Evaluation, Care Proceedings
Family Law Child Protection Public Law Viability Assessment Fresh Evidence on Appeal Psychiatric Evaluation Care Proceedings

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Parties

Mother

Applicant

London Borough of Southwark

First Respondent

Father

Second Respondent

Guardian

Third Respondent

Procedural Posture

Appeal / Application for Permission to Appeal, Extension of Time, and Admission of Fresh Evidence

Legal Issues

  1. 1 Whether fresh psychiatric evidence should be admitted on appeal
  2. 2 Whether a viability assessment at Cassell Hospital should be ordered

Ratio Decidendi

The fresh psychiatric evidence regarding the mother's improved stability on lithium was significant and not available to the lower court; its admission justified ordering a viability assessment at Cassell Hospital.

Court Disposition

Application granted

Orders

  • Permission to appeal granted
  • Extension of time granted