J & Ors (Children: Interim Removal), Re
[2023] EWCA Civ 1266
Re T (Children)
30 August 2023
[2023] EWCA Civ 1004
Court of Appeal
A judge sent three kids back to their dad even though there was strong evidence linking him to a serious crime. A higher court disagreed, saying the judge didn't look at all the evidence, and sent the case back for a redo.
Key Facts
- •Three children (aged 5, nearly 4, and 2 years 9 months) were residing with their father under interim care orders.
- •Care proceedings commenced due to domestic abuse, parental drug/alcohol misuse, and the mother's mental health issues.
- •The father was suspected of assaulting a man and the middle child reported unsupervised contact with the mother, violating a 'contract of expectations'.
- •The father was later suspected of aggravated burglary, and the children were removed into foster care.
- •A Recorder refused the LA's application to keep the children in foster care, ordering their return to the father.
- •The LA appealed, arguing the Recorder failed to conduct a multifactorial assessment of all evidence.
- •The CCTV footage was inconclusive regarding the father's involvement in the burglary, but other police evidence suggested his involvement.
Legal Principles
Multifactorial assessment of all available evidence in care proceedings.
Re C [2019] EWCA Civ 1998
Judges should take an inquisitorial role and not delay the resolution of factual disputes.
Re O (A Child) (Interim Care Order) [2019] EWCA Civ 583
In care proceedings, all relevant evidence must be considered, even if hearsay, with reasons given for discounting any evidence.
This case
Outcomes
Appeal allowed.
The Recorder failed to consider all available evidence, particularly police intelligence beyond the CCTV footage, which suggested the father's involvement in the burglary.
Matter remitted to HHJ Parker for an urgent further case management hearing.
To re-list the LA's application for a full consideration of all the evidence.
Mother's application to appeal dismissed.
The relief sought was addressed by the directions given in the main appeal.