Court of Appeal Overturns Family Court for Bias: Judge’s Premature Decision Halts Child Care Case
The Court of Appeal has issued a notable judgment after a Central Family Court judge halted care proceedings for two children, R and A, before hearing all the evidence. The case, which involved Caitlin Ferris from Coram Chambers representing the children through their Children’s Guardian, highlights the critical need for judicial impartiality and thoroughness.
During the resumed final hearing, His Honour Judge Oliver indicated he would not support adoption for child A. He expressed this view before the Children’s Guardian and other key witnesses could give evidence. Following this, he stayed the proceedings and granted permission to appeal. As a result, the trial came to an abrupt halt.
Appeal for Fairness
The local authority and the Children’s Guardian brought the appeal forward. They argued that the judge’s comments amounted to a predetermined decision. By forming a view before all the evidence was considered, the judge denied the parties, especially child A, a fair trial.
Court of Appeal: Predetermination and Procedural Unfairness
The Court of Appeal agreed with the appellants. It found that the judge’s conduct went beyond what is acceptable in judicial proceedings. By closing his mind to the evidence yet to come, the judge made procedural fairness impossible. The Court noted the significant delays already affecting the children and stated that the judge’s actions had caused further harm.
The case will now return to the Central Family Court. It will be heard urgently by a different judge to minimise further disruption to the children’s lives.
Importance for Future Cases
This judgment underlines the importance of impartiality and the right to a fair hearing. Judges must avoid making up their minds before all evidence is heard. The decision is a reminder that every party, especially children in care cases, deserves a complete and unbiased process.
Caitlin Ferris, instructed by Hanne & Co Solicitors, acted for the respondent children through their Children’s Guardian.
You can view the full judgment here.
