Court Report: 'Oppressive behaviour' found to secure mother's care order consent

The case concerned two young children, who were made the subject of police protection orders after a confrontation between the parents had resulted in the mother's arrest. When the mother then withdrew her consent to the children being accommodated the local authority issued care proceedings. The application for interim care orders was heard the next day, when the police protection orders were due to expire. There was no written evidence from either parent and the mother met her counsel for the first time at court. The judge made unopposed interim orders for two young children.

After the hearing finished, the mother "became distressed" at what had occurred and claimed that she had been subject to "improper judicial pressure". For example, although the mother's counsel told the judge his instructions were to contest the order, the judge said: "…if it is heard today I shall certainly make findings that your client will be stuck with", the implication being that the judge had made up her mind and was sure to make adverse findings that would be damaging to her in the long run. When the mother's counsel attempted to put a small part of his client's factual case, he was "met with derision", the Court of Appeal judgment stated.