Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

CARE PROCEEDINGS: Re G-B

Sep 29, 2018, 21:00 PM
Slug : care-proceedings-re-g-b
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 14, 2013, 02:30 AM
Article ID : 101659

(Court of Appeal, Rix, Lloyd, McFarlane LJJ, 7 February 2013)

Care proceedings in relation to three children, aged between 13 and 2, were initiated after police found illegal drugs in the family home. They were made subject to emergency protection orders and placed in foster homes. The local authority thereafter placed to two youngest children with family members sought special guardianship orders while the 13-year old remained in foster care and a final care order was recommended. Their case was that there had been a chronic failure to provide adequate parenting over a long period.

At an issues resolution hearing the parents informed the judge that they would not be contesting the care plan and that now their case focused upon contact with the children. The father expressed his dissatisfaction with his representation but the judge made it clear that the final hearing would take place the following week and that he would not allow time for an adjournment in order to change representation. Prior to the hearing the mother also expressed her intention to change solicitors and sought an adjournment. The judge refused and the mother continued as a self-represented litigant.

The judge made the orders sought by the local authority in reliance of the evidence of the expert and professional evidence. The mother appealed.

The appeal was dismissed. The process had not breached the mother's rights under Art 6 of the European Convention. In the circumstances where there had already been long delays the judge had been right not to allow the adjournment. It was difficult to see how much representation could have achieved when there was no evidence in support of the parents' case. 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from