(Court of Appeal, Ward, Etherton, Pitchford LJJ, 13 October 2011)
Care proceedings were ongoing in relation to six children due to concerns of physical and emotional neglect. After they were placed in local authority care the two oldest children, aged 5 and 6, made allegations of sexual and physical abuse by three of their uncles.
The three uncles were parties to the care proceedings but one of which applied to be discharged. The judge discharged him but the local authority appealed.
The principles in A County Council v DP, RS, BS were considered. This had been a prime example of a case management decision with which the Court of Appeal could not interfere with in the absence of judicial error.