D (A Child)

D (A Child)

The hearing was not fair to V as she was not given an opportunity to present her case before the decision to remove O was made. The risk to O, while real, was not so immediate or grave as to justify removal without a fair hearing. Therefore, the order for immediate separation was set aside and the appeal allowed.

Source-derived case information.

Parties
Appellant: V (Mother); Respondent Local Authority: Blackpool Borough Council; Respondent Child: O (A Child, by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
21 May 2021
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal Against Order for Immediate Removal of Child From Mother
Outcome
Appeal allowed; order for immediate removal of O from V set aside.
Legal Topics
Removal of Child From Parent, Procedural Fairness, Parents With Learning Difficulties, Interim Care Orders
Family Law Child Protection Removal of Child From Parent Procedural Fairness Parents With Learning Difficulties Interim Care Orders

Source-derived case record

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Parties

V (Mother)

Appellant

Blackpool Borough Council

Respondent Local Authority

O (A Child, by their Children’s Guardian)

Respondent Child

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal Against Order for Immediate Removal of Child From Mother

Legal Issues

  1. 1 Whether the hearing resulting in the removal of O from V was procedurally fair
  2. 2 Whether the risk to O justified immediate removal without giving V an opportunity to respond

Ratio Decidendi

The hearing was not fair to V as she was not given an opportunity to present her case before the decision to remove O was made. The risk to O, while real, was not so immediate or grave as to justify removal without a fair hearing. Therefore, the order for immediate separation was set aside and the appeal allowed.

Court Disposition

Appeal allowed; order for immediate removal of O from V set aside.

Orders

  • Permission to appeal granted.
  • Appeal against separation of O from V allowed.