Re K [2009] EWCA Civ 987 (23 July 2009)

Family Law Newswatch report

Care proceedings had been issued in relation to the three children because of serious injuries to the youngest child, and fatal injuries to a fourth sibling. Before the final hearing the prospect arose of rehabilitation of all three children to the father, on the basis that he would separate from the mother. The judge adjourned the hearing on the basis of an interim care order to the authority, and ordered the expert to prepare a further report. On the guardian's appeal none of the parties supported the judge's order. Held, the judge had fallen into error in his failure either to conclude the proceedings or to provide for a further hearing on the firm foundation of assessment.

[The full report of this case may now be found here.]