R v A Local Authority & Ors

R v A Local Authority & Ors

The lower courts did not err in refusing a second expert report; the DJMC and appellate judge exercised their discretion properly, considered all relevant factors, and provided reasoned decisions. The refusal did not render the proceedings unfair or breach ECHR rights. The appeal is dismissed.

Parties
Appellant: R; First Respondent: A Local Authority; Second Respondent: B; Third Respondent: A B C (by the Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Appeal Family Law (children) / Court of Appeal Judgment on Appeal From Principal Registry of the Family Division
Outcome
Appeal dismissed
Legal Topics
Expert Evidence in Family Proceedings, Supervision Orders, Contact With Children, Judicial Discretion, Appeals Procedure
Family Law Child Law Expert Evidence in Family Proceedings Supervision Orders Contact With Children Judicial Discretion Appeals Procedure

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Parties

R

Appellant

A Local Authority

First Respondent

B

Second Respondent

A B C (by the Children’s Guardian)

Third Respondent

Procedural Posture

Appeal Family Law (children) / Court of Appeal Judgment on Appeal From Principal Registry of the Family Division

Legal Issues

  1. 1 Whether the lower courts erred in refusing the father's application for a second expert report regarding risk assessment in child contact proceedings
  2. 2 Whether the refusal to allow a second expert compromised the fairness of the proceedings or breached ECHR Articles 6 and 8

Ratio Decidendi

The lower courts did not err in refusing a second expert report; the DJMC and appellate judge exercised their discretion properly, considered all relevant factors, and provided reasoned decisions. The refusal did not render the proceedings unfair or breach ECHR rights. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No second expert report to be ordered
  • Reporting restrictions to protect the identity of the child and parties