S (A Child)

The judge erred in making interim care and assessment orders without adequate procedural safeguards, particularly by failing to consider the dissenting expert opinion of Dr Saedi and by bypassing normal procedures without sufficient justification. The orders were set aside and the matter remitted for urgent rehearing before a full judge of the Family Division.

Parties: Appellant: Mother; Applicant/respondent: Royal Borough of Kensington and Chelsea; Respondent: Father; Respondent: N (a Child) by her Children’s Guardian
Jurisdiction: England and Wales
Judgment Date: 28 March 2007
Procedural Posture: Family/children Act Proceedings / Appeal From High Court (family Division) to Court of Appeal
Outcome: Appeal allowed; orders set aside; matter remitted for urgent rehearing.
Legal Topics: Interim Care Orders, Section 38(6) Assessments, Inherent Jurisdiction, Procedural Fairness

Family Law Child Protection Interim Care Orders Section 38(6) Assessments Inherent Jurisdiction Procedural Fairness

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Parties

Mother

Appellant

Royal Borough of Kensington and Chelsea

Applicant/respondent

Father

Respondent

N (a Child) by her Children’s Guardian

Respondent

Procedural Posture

Family/children Act Proceedings / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

1 Whether the High Court judge erred in making interim care and assessment orders without procedural safeguards
2 Whether the urgency justified bypassing normal procedures
3 Whether expert disagreement was properly considered

Ratio Decidendi

Court Disposition

Appeal allowed; orders set aside; matter remitted for urgent rehearing.

Orders

Orders of 16 March 2007 set aside.
Matter remitted for urgent hearing before a full judge of the Family Division on 30 March 2007.