Reported Case: S (A Child: Adequacy of Reasoning)

Please click here to read the full Judgment.

• I represent a young mother in these ongoing care proceedings. Her son presented at school with an injury to his arm, and it was discovered at hospital that he had two fractures to his arm. The only people who could have caused the injury were my client or her former boyfriend (the intervener). There was a four day fact finding hearing in May 2019, whereby both my client and the intervener were kept in the ‘pool’ of possible perpetrators.

• Unfortunately this case, as outlined by the Court of Appeal judgment, shows the pressures and strains we are all facing in the family law justice system from the parties, solicitors, to the Judges themselves. As the mother’s representatives, myself and her barristers identified a number of issues within the fact finding judgment and therefore applied to appeal the outcome. Permission to appeal was granted by the Court of Appeal over the summer and then the full appeal hearing took place in October 2019.

• The Court of Appeal accepted that there was an inadequacy in the reasons given by the Judge in the fact finding Judgment, and therefore allowed the appeal and overturned the previous findings made. For my client, this success means she will have a re-hearing by another Judge.

• I instructed Victoria Teggin of Counsel to represent my client at the appeal, and Ms Teggin had represented the mother throughout the care proceedings to date. Counsel Amy Stout had also previously represented my client at hearings in the county court, and kindly offered to assist in the appeal on a pro bono basis. My client’s legal aid did not allow us to pay more than one barrister in the appeal, and so the offer of pro bono assistance was greatly appreciated. Ms Teggin and Ms Stout are at the same chambers and were able to co-work the case with me very effectively, with a very positive outcome.

At Crane & Staples we have three specialist child care lawyers who represent parents, children, family members, and interveners in care proceedings where the Local Authority are involved with the care of the family’s children.

These proceedings can be extremely daunting, and we at Crane & Staples work with a sensitive approach, and provide robust and clear advice and representation. We are dedicated to getting the best outcome for our clients.