C (Children)

C (Children)

The appeal is allowed and a retrial ordered solely on the basis of Dr Metcalfe's new evidence, which is sufficiently material to potentially alter the outcome of the original trial.

Parties
Appellant: Mother; Respondent Local Authority: Cornwall County Council; Respondent Guardian: Children's Guardian; Respondent: Father; Respondent: Maternal Grandmother
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Appeal (care and Placement Orders) / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed; retrial ordered
Legal Topics
Care Orders, Placement Orders, Adoption, Appeal Procedure, Expert Evidence
Family Law Child Protection Care Orders Placement Orders Adoption Appeal Procedure Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Cornwall County Council

Respondent Local Authority

Children's Guardian

Respondent Guardian

Father

Respondent

Maternal Grandmother

Respondent

Procedural Posture

Appeal (care and Placement Orders) / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting a care order and placement order without the evidence of the mother's treating psychiatrist
  2. 2 Whether new medical evidence justifies a retrial

Ratio Decidendi

The appeal is allowed and a retrial ordered solely on the basis of Dr Metcalfe's new evidence, which is sufficiently material to potentially alter the outcome of the original trial.

Court Disposition

Appeal allowed; retrial ordered

Orders

  • Permission to appeal granted
  • Appeal allowed