Source: All England Reporter
Publisher Citation: [2016] All ER (D) 43 (Apr)
Neutral Citation: [2016] EWCA Civ 356
Court: Court of Appeal, Civil Division

Black and Floyd LJ

Representation Jamil Khan and Michael Jones for the mother.
  Neil Christian for the authority.
  Audrey Van De Haer for the second respondent.
  Damian Sanders for the third respondent.
Judgment Dates: 7 April 2016


Practice - Family proceedings - Appeals - Local authority seeking care orders in relation to appellant mother's two children - Justices hearing mother give evidence and making supervision orders - Authority appealing - Judge directing mother to give oral evidence at appeal hearing - Judge allowing appeal and ordering matter be listed for re-hearing/final hearing - At further directions hearing, judge refusing mother's renewed application for judge to recuse himself - Judge also refusing mother's application for independent social worker to be instructed to prepare report - Mother appealing against judge's orders - Whether procedure followed by judge being fundamentally flawed.

The Case

Practice Family proceedings. The Court of Appeal, Civil Division, allowed a mother's appeal against orders made by a judge in connection with a local authority's appeal, including that the mother would give oral evidence at the appeal hearing. It held that the process adopted by the judge on the authority's appeal to him had not been appropriate or fair to the mother, even though he had embarked upon it with the best of intentions.

Practice Areas

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