H (Children)

The application for permission to appeal raises concerns about procedural fairness and the exercise of judicial discretion, warranting consideration by a full court rather than a single judge.

Parties: Applicant: Parents of two small boys; Respondent: Local Authority
Jurisdiction: England and Wales
Judgment Date: 29 October 2009
Procedural Posture: Civil Family Law (children) / Renewed Application for Permission to Appeal; Application Adjourned for Hearing by Full Court
Outcome: Application for permission to appeal adjourned for hearing by a full court
Legal Topics: Revocation of Placement Orders, Care Proceedings, Adoption, Procedural Fairness

Family Law Revocation of Placement Orders Care Proceedings Adoption Procedural Fairness

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Parties

Parents of two small boys

Applicant

Local Authority

Respondent

Procedural Posture

Civil Family Law (children) / Renewed Application for Permission to Appeal; Application Adjourned for Hearing by Full Court

Legal Issues

1 Whether the judge at first instance erred in refusing to revoke placement orders without a substantive hearing
2 Whether the parents' change in circumstances warranted reconsideration of the placement orders
3 Whether the procedure adopted by the judge was fair

Ratio Decidendi

The application for permission to appeal raises concerns about procedural fairness and the exercise of judicial discretion, warranting consideration by a full court rather than a single judge.

Court Disposition

Application for permission to appeal adjourned for hearing by a full court

Orders

Application adjourned to be heard by a full court as soon as possible
Local authority to be put on notice