RE v North Yorkshire County Council & Ors

RE v North Yorkshire County Council & Ors

The declarations absolving the local authority from statutory consultation duties were made without jurisdiction and were not justified on the facts, as the circumstances were not exceptional; the process at the IRH was procedurally flawed but the substantive outcome on contact and care was agreed by the parties; the appeal succeeds to the extent of discharging the declarations.

Parties
Appellant: R E; 1st Respondent: North Yorkshire County Council; 2nd Respondent: L O; 3rd Respondent: A (a child)
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From Final Orders Made at Issues Resolution Hearing (irh) in Family Court
Outcome
Appeal allowed in part; declarations discharged; other orders (care order, contact, non-molestation) remain with agreed variations.
Legal Topics
Care Orders, Parental Responsibility, Contact With Children, Jurisdiction of Family Court, Declarations Under Inherent Jurisdiction, Non Molestation Orders, Procedural Fairness, Proportionality, Statutory Consultation Duties
Family Law Child Welfare Public Law Care Orders Parental Responsibility Contact With Children Jurisdiction of Family Court Declarations Under Inherent Jurisdiction +4 more

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Parties

R E

Appellant

North Yorkshire County Council

1st Respondent

L O

2nd Respondent

A (a child)

3rd Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From Final Orders Made at Issues Resolution Hearing (irh) in Family Court

Legal Issues

  1. 1 Whether the Family Court judge erred in making final orders at an IRH without full evidence or proper notice to the father
  2. 2 Whether the judge had jurisdiction to grant declarations absolving the local authority from statutory consultation duties
  3. 3 Whether the orders made were proportionate and justified in the circumstances

Ratio Decidendi

The declarations absolving the local authority from statutory consultation duties were made without jurisdiction and were not justified on the facts, as the circumstances were not exceptional; the process at the IRH was procedurally flawed but the substantive outcome on contact and care was agreed by the parties; the appeal succeeds to the extent of discharging the declarations.

Court Disposition

Appeal allowed in part; declarations discharged; other orders (care order, contact, non-molestation) remain with agreed variations.

Orders

  • Declarations releasing the local authority from statutory consultation duties discharged.
  • Indirect contact between father and child to occur as agreed (cards, presents, photographs, updates).