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Re S (Vulnerable Party: Fairness Of Proceedings) [2022] EWCA Civ 8

Date:4 MAY 2022

(Court of Appeal (Civil Division), Baker, Whipple LJJ and Francis J, 18 January 2022)

Care proceedings – Procedural irregularity – Unfairness – Vulnerable witness – Failure to identify mother’s cognitive difficulties – Failure to make appropriate participation directions.

The Court of Appeal (Civil Division) allowed the mother’s appeal against findings made against her by the Family Court that she had inflicted injuries on her son.

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Neutral Citation Number: [2022] EWCA Civ 8

Case No: CA-2021-000688

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE FAMILY COURT AT GUILDFORD

HH Judge Nisa

GU20C00098

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 18 January 2022

Before :

LORD JUSTICE BAKER

LADY JUSTICE WHIPPLE

and

MR JUSTICE FRANCIS

- - - - - - - - - - - - - - - - - - - - -

S (VULNERABLE PARTY: FAIRNESS OF PROCEEDINGS)

Between :

A
Appellant

- and -

(1) A LOCAL AUTHORITY

(2) X

(3) Y

(4) S (by her children’s guardian)
Respondents

- - - - - - - - - - - - - - - - - - - - -

Suzanne Kelly (instructed by Venters) for the Appellant

Sally Stone QC (instructed by Local Authority Solicitor) for the First Respondent

Poonam Bari (instructed by Child Law Partnership) for the Second Respondent

The Third and Fourth Respondents were not present nor represented.

Hearing date : 23 November 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

Remote hand-down: This judgment was handed down remotely at 10:30am on Tuesday 18 January 2022 by circulation to the parties or their representatives by email and by release to BAILII and the National Archives.

Judgment: Re S (Vulnerable Party Fairness of Proceedings) [2022] EWCA Civ 8