GR & Ors (Children), Re, Court of Appeal - Civil Division, July 29, 2010, [2010] EWCA Civ 871

Reporting Judge: [2010] EWCA Civ 871

President: GR & Ors (Children), Re

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Extract

GR & Ors (Children), Re, Court of Appeal - Civil Division, July 29, 2010, [2010] EWCA Civ 871

Draft 29 July 2010 14:11 Page 1

Neutral Citation Number: [2010] EWCA Civ 871

Case No: B4/2010/1533 and 1488

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM Mr Recorder Pulman Q.C.

sitting at Chelmsford County Court

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29/07/2010

Before :

LORD JUSTICE MOORE-BICK

LORD JUSTICE RICHARDS

and

LADY JUSTICE BLACK

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Between :

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Miss Sarah Dines (instructed by the Local Authority Legal Services) for the Appellant

Mr Robin Powell (instructed by Garrods Solicitors) for the First Respondent

Ms Diana Cade (instructed by Budd, Martin Burrett Solicitors) for the Second Respondent

Ms Jane Drew (instructed by Smith Law Partnership) for the Third, Fourth, Fifth and Sixth Respondents

Hearing dates : 15th July 2010

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JUDGMENT

Draft 29 July 2010 14:11 Page 29

Lady Justice Black :

1. On 7 June 2010, Mr Recorder Pulman QC, sitting in the Chelmsford County Court, gave judgment in relation to applications by the appellant local authority for interim care orders in respect of four children. The children are all children of Mrs B, whom I will call the mother. The older two are boys, GR and R. They were born on 26 May 1994 and 17 July 1995 and are therefore 16 and nearly 15 years old. The next in age is a girl, C, who was born on 25 July 1997 and is nearly 13. The youngest, G, was born on 14 February 2005 and is 5. The father of the younger two children is Mr B. He is not, in fact, the father of the older two boys, but as these proceedings focus upon his two children, I will refer to him as the father without further qualification.

2. The Recorder granted interim care orders in relation to the older two boys; there is no appeal in relation to those orders. However, the Recorder refused to grant interim care orders in relation to the younger two children and the local authority seeks to appeal against that refusal.

3. The local authority correctly sought permission to appeal from the Recorder, at the end of the hearing before him. He refused permission but he did grant interim care orders for seven days in order to allow the local authority time to approach the Court of Appeal. In due course, these temporary interim care orders were extended, on the local authority's application, until 18 June 2010 because the local authority had not yet commenced an appeal. By 18 June 2010, that was still the position, although g...

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