N (A Child)

N (A Child)

The judge's process at the issues resolution hearing was impermissible, as it denied the parents a fair opportunity to participate and challenge the evidence, breaching procedural fairness and Article 6 ECHR.

Parties
Appellant Mother: Miss Burden; Appellant Father: Mr Newman; Respondent: Swindon Local Authority; Subject Child: TJ (a Child); Subject Child: M (a Child)
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Care Proceedings / Appeal From Final Orders at Issues Resolution Hearing
Outcome
appeal allowed
Legal Topics
Care Orders, Placement for Adoption, Procedural Fairness, Article 6 ECHR
Family Law Child Protection Care Orders Placement for Adoption Procedural Fairness Article 6 ECHR

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Parties

Miss Burden

Appellant Mother

Mr Newman

Appellant Father

Swindon Local Authority

Respondent

TJ (a Child)

Subject Child

M (a Child)

Subject Child

Procedural Posture

Care Proceedings / Appeal From Final Orders at Issues Resolution Hearing

Legal Issues

  1. 1 Whether the judge erred in making final care and placement orders at an issues resolution hearing without allowing parents to file evidence or make submissions
  2. 2 Whether the process breached procedural fairness and Article 6 ECHR

Ratio Decidendi

The judge's process at the issues resolution hearing was impermissible, as it denied the parents a fair opportunity to participate and challenge the evidence, breaching procedural fairness and Article 6 ECHR.

Court Disposition

appeal allowed

Orders

  • substantive care order and placement for adoption order set aside
  • matter to be relisted before Baker J for a fresh issues resolution hearing