K and L (Children: Fairness of Hearing)
[2023] EWCA Civ 686
O (Care Proceedings), Re
20 June 2024
[2024] EWCA Civ 696
Court of Appeal
A judge unfairly ruled out a mom from caring for her baby at a quick hearing without warning. The higher court said this was wrong, overturned the decision, and gave the case to a different judge to start over fairly.
Key Facts
- •Care proceedings for a 10-month-old boy, O, and his three older siblings.
- •Longstanding concerns about domestic abuse in the parents' relationship.
- •Mother's history of failing to accept the need for change or support.
- •Previous proceedings resulted in care orders for the older children.
- •Mother's application for further assessment to be a carer for O was refused.
- •Judge ruled out the mother as a realistic care option at a case management hearing without prior notice or opportunity for her to present evidence.
- •Appeal based on procedural unfairness.
Legal Principles
A court can rule out a parent as a future carer at a hearing prior to the final hearing in care proceedings (a 'North Yorkshire' hearing).
North Yorkshire County Council v B [2008] 1 FLR 1645
Judges should be 'appropriately cautious' when ruling out parents before the final hearing, especially if invited to rule out both parents.
Re R (A Child) [2014] EWCA Civ 1625
Even in case management hearings, the court must ensure procedural fairness and Article 6 compliance. A parent must be able to put their case forward, even if it seems weak.
Re S-W (Children) (Care Proceedings: Case Management Hearing) [2015] EWCA Civ 27
A judge cannot dismiss an application without giving the applicant a fair opportunity to make their case orally.
Labrouche v Frey [2012] EWCA Civ 881
Outcomes
Appeal allowed.
The judge's decision to exclude the mother as a future carer was a procedural irregularity that led to injustice. The mother was not given notice, nor the opportunity to present evidence or make submissions before the decision was made.
Order of 17 April amended by deleting recital 5 (which ruled out the mother).
This was to correct the procedural unfairness.
Proceedings transferred to another judge.
To ensure fairness and avoid bias given the previous errors.