S (A Child), Re

S (A Child), Re

The annexe A report was fundamentally flawed and tainted due to procedural unfairness; reliance on it is impermissible. A new, independent annexe A report must be prepared to ensure statutory and procedural protections for the child.

Parties
Applicant: S's Father; Respondents: S's Mother and Stepfather; Respondent: Slough Borough Council
Jurisdiction
England and Wales
Judgment Date
03 November 2015
Procedural Posture
Family Law Adoption / Appeal From Case Management Directions
Outcome
Appeal allowed
Legal Topics
Adoption, Procedural Fairness, Case Management, Annexe a Report
Family Law Adoption Procedural Fairness Case Management Annexe a Report

Case Brief

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Parties

S's Father

Applicant

S's Mother and Stepfather

Respondents

Slough Borough Council

Respondent

Procedural Posture

Family Law Adoption / Appeal From Case Management Directions

Legal Issues

  1. 1 Whether the annexe A report previously condemned as procedurally unfair can be relied upon in the rehearing of the adoption application
  2. 2 Whether the same author of the flawed report can prepare an addendum to address deficiencies

Ratio Decidendi

The annexe A report was fundamentally flawed and tainted due to procedural unfairness; reliance on it is impermissible. A new, independent annexe A report must be prepared to ensure statutory and procedural protections for the child.

Court Disposition

Appeal allowed

Orders

  • The existing annexe A report and associated father's statement are to be removed from the bundle.
  • A new annexe A report is to be prepared by the independent social worker addressing PD 14C criteria.