CR v Local Authority and the Guardian

CR v Local Authority and the Guardian

The judge's refusal to permit an independent risk assessment was procedurally unfair and plainly wrong, as she had prejudged the outcome of the care proceedings at the fact-finding stage, denying the mother a fair opportunity to present her case. The perception of bias required the final hearing to be conducted by a...

Source-derived case information.

Parties
Appellant/mother: CR; Respondent: Southampton City Council (Local Authority); Respondent: The Guardian
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Appeal (care Proceedings) / Appeal From Refusal to Permit Independent Risk Assessment in Ongoing Care Proceedings
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Split Hearings, Judicial Impartiality, Expert Evidence, Procedural Fairness, Interplay of Criminal and Care Proceedings
Family Law Child Protection Civil Procedure Care Proceedings Split Hearings Judicial Impartiality Expert Evidence Procedural Fairness +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

CR

Appellant/mother

Southampton City Council (Local Authority)

Respondent

The Guardian

Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Refusal to Permit Independent Risk Assessment in Ongoing Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application for an independent risk assessment
  2. 2 Whether the judge prejudged the outcome of the care proceedings
  3. 3 Whether procedural fairness required a different judge to hear the final hearing

Ratio Decidendi

The judge's refusal to permit an independent risk assessment was procedurally unfair and plainly wrong, as she had prejudged the outcome of the care proceedings at the fact-finding stage, denying the mother a fair opportunity to present her case. The perception of bias required the final hearing to be conducted by a different judge.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed and order of 1 April 2009 set aside