RE v North Yorkshire County Council and Others
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 2015 |
| Date | 17 November 2015 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Moore-Bick, Lord Justice Lewison and Mr Justice Hayden
There was an active obligation on members of the legal profession at an issues resolution hearing to consider whether the hearing could be used as a final hearing. It followed that the lay parties were always required to attend. If a party was in custody a Home Office production order should be obt ained, if necessary at the instigation of the judge.
The Court of Appeal so stated when allowing, to the extent of discharging certain declarations, the appeal of the father against a decision by Judge Finnerty in York County Court on September 2, 2014, to make final orders at an issues resolution hearing in public law care proceedings including a ca re order in favour of the local authority and permission to the local authority to refuse contact between the child and his father pursuant to section 34(4) of the Children Act 1989.
Ms Janet Bazley, QC and Ms Lucy Harland for the father; Mr Alex Taylor for the local authority; Ms Jennie Smith for the mother; Mr James Hargan for the child.
MR JUSTICE HAYDEN referred to In re N (A child)FLR ([2013] 1 FLR 1244) and In re S-W (Care Proceedings: Case Management Hearing)WLR ([2015] 1 WLR 4099) and said that it was important to note that there was an active obligation at the issues resolution hearing to consider whether the hearing could be used as a final hearing.
It was worth emphasising that that requirement had come about in consequence of systemic reform to the Family Jus-tice system, predicated on a wide scale recognition that delay in children cases had become wholly unacceptable and recognised as invariably inimical to the welfare of the subject child ren. There was an obligation at all stages within the case management process but especially at the issues resolution hearing to consider whether the proceedings could be finalised.
It was also important to consider rules 1.1(2), 4.1(3)(o) and 12.25(4) of the Family Procedure Rules 2010 and Practice Direction 12A (stage 3 issues resolution hearing).
His Lordship agreed with Lord Justice King in In re S-W that a final order at a case management...
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