Court Report: Appeal against care and placement orders

Case name P (Children)
Case number [2012] EWCA Civ 401
Judge McFarlane LJ
Location Court of Appeal

Care proceedings for A, the subject of the appeal, began in 2009. In June 2011, HHJ Pearl concluded that A was not to be placed in his parents’ care and directed an independent social work report on A’s paternal aunt and uncle (Mr and Mrs B) who put themselves forward as possible carers. It concluded that they were suitable carers, but would not recommend a special guardianship order unless they relocated to avoid potential upset caused by chance meetings with the family.

Mr and Mrs B were unable to relocate until March 2013 and, in October 2011, they withdrew their interest in becoming carers. They wrote to the local authority expressing frustration at not being considered as special guardians and offered alternative suggestions for avoiding chance encounters. They did not receive a response. A hearing was scheduled for December 2011. Mr and Mrs B were contacted by the local authority the day before and encouraged to attend, but were unable to do so due to work commitments. HHJ Pearl ruled that A could wait no longer for a final order to be made, and made care and placement orders.

The Court of Appeal allowed the appeal from A’s parents on the grounds that the procedure adopted by HHJ Pearl had been unfair. Mr and Mrs B had not been given an adequate opportunity to engage with the court process. The Court directed that a new hearing be conducted by a different judge. McFarlane LJ emphasised that his decision was based on the importance of the decision in the context of the child’s life and not on “technical” grounds.