Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

Family Proceedings Courts must formulate their own reasons, not be spoon-fed them

Sep 29, 2018, 19:02 PM
There has been a fairly widespread practice that Local Authorities have been asked by the FPC to draft Facts and Reasons in cases that are agreed, or not opposed. That has been somewhat vulnerable since the Court of Appeal decision in the civil case of Cr
Slug : family-proceedings-courts-must-formulate-their-own-reasons-not-be-spoon-fed-them
Meta Title : Family Proceedings Courts must formulate their own reasons, not be spoon-fed them: Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam)
Meta Keywords : family law, Re NL; Appeal; Interim Care Order; care proceedings
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 13, 2014, 08:00 AM
Article ID : 104753

There has been a fairly widespread practice that Local Authorities have been asked by the FPC to draft Facts and Reasons in cases that are agreed, or not opposed. That has been somewhat vulnerable since the Court of Appeal decision in the civil case of Crinion v IG Markets [2013] EWCA Civ 587 where a judgment appeared to be lifted wholesale from one party's written submissions, with some minor alterations.

In Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam), [2014] 2 FLR (forthcoming) Pauffley J had this issue highlighted to her and strongly deprecated the practice.

'It is difficult to view the Justices as having been independent and impartial if, as happened here, they simply adopted the local authority's analysis of what their Findings and Reasons might comprise.' (para [68])

And

'Just because there may be tacit acceptance on the part of many professionals within the family justice system that the practice which operated here exists, that does not mean it is right. It is patently wrong, must stop at once and never happen again.' (para [69])

It is of note that the judgment specifically refers to the President having been shown the relevant passages condemning the practice, and that the President cites it in his latest View from the President's Office as being a case that family law practitioners need to read. 

The case may also become a firm favourite for this pithy observation: 'Justice must never be sacrificed upon the altar of speed.' (para [40])

Andrew Pack is a care lawyer at Brighton and Hove City Council and their in-house advocate. He has also represented parents in care proceedings.

He is the creator and author of the Suesspicious Minds child law blog, which deals with public law, private law, social work, serious case reviews and Court of Protection cases - www.suesspiciousminds.com. Andrew can also be contacted via Twitter at @suesspiciousmin.

The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.

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