T (A Child)

T (A Child)

The appeal was allowed because the County Court judge erred in concluding he had no jurisdiction to review his earlier order in family proceedings, and the orders were made without proper evidence.

Parties
Appellant: Mother; Respondent: Local Authority; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
27 November 2008
Procedural Posture
Family Law Care Proceedings / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Care Orders, Jurisdiction, Disclosure to Parent, Procedural Fairness
Family Law Child Protection Care Orders Jurisdiction Disclosure to Parent Procedural Fairness

Case Brief

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Parties

Mother

Appellant

Local Authority

Respondent

Guardian

Respondent

Procedural Posture

Family Law Care Proceedings / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the County Court had jurisdiction to review its earlier order in care proceedings
  2. 2 Whether the father should be informed of the child's existence
  3. 3 Whether the orders of 16 May and 31 July should be set aside

Ratio Decidendi

The appeal was allowed because the County Court judge erred in concluding he had no jurisdiction to review his earlier order in family proceedings, and the orders were made without proper evidence.

Court Disposition

Appeal allowed

Orders

  • Orders of 16 May and 31 July set aside
  • Core issue to be determined at next hearing in Newcastle