Q (Children)

Q (Children)

The judge at the case management hearing on 20th March 2013 displayed apparent judicial bias by forming a concluded adverse view of the mother's allegations and credibility, based on undisclosed police material and without affording the mother or grandmother a fair opportunity to respond. This flawed process undermined the fairness of the proceedings, requiring the appeal to be allowed and a retrial before a different judge.

Parties
Appellant: Mother; First Respondent: Somerset County Council; Second Respondent: Maternal Grandmother; Third Respondent: Father; Fourth Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Family Law Appeal / Appeal From High Court, Permission Granted and Appeal Allowed
Outcome
appeal allowed
Legal Topics
Apparent Judicial Bias, Case Management, Threshold Criteria, Care Proceedings, Special Guardianship, Evidence Handling
Family Law Child Protection Apparent Judicial Bias Case Management Threshold Criteria Care Proceedings Special Guardianship Evidence Handling

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Parties

Mother

Appellant

Somerset County Council

First Respondent

Maternal Grandmother

Second Respondent

Father

Third Respondent

Children's Guardian

Fourth Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court, Permission Granted and Appeal Allowed

Legal Issues

  1. 1 Whether the judge at the case management hearing displayed apparent judicial bias
  2. 2 Whether the judge prematurely formed a concluded view on the mother's allegations and credibility
  3. 3 Whether the process at the hearing was fair and balanced

Ratio Decidendi

The judge at the case management hearing on 20th March 2013 displayed apparent judicial bias by forming a concluded adverse view of the mother's allegations and credibility, based on undisclosed police material and without affording the mother or grandmother a fair opportunity to respond. This flawed process undermined the fairness of the proceedings, requiring the appeal to be allowed and a retrial before a different judge.

Court Disposition

appeal allowed

Orders

  • entire proceedings to be re-heard before a different judge
  • no further comment on other grounds of appeal