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Social Services lies to take my child

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  • Social Services lies to take my child

    Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ?
    If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ?
    Tags: None

  • #2
    tagging Crazy council leclerc for advice ... hopefully they can help xx
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    • #3
      Hi and welcome.
      It would seem from this article (https://www.judiciary.gov.uk/about-t...ight-2-appeal/)
      that a different judge should have heard the appeal (look at the second example)
      I suspect you will have to appeal again on the basis the judge should have recused himself,
      Perhaps Peridot can advise on this matter?

      Comment


      • #4
        Hi Abstract,

        Was the fact the same judge who had given the original judgment and was now hearing the appeal flagged to the Court. Did you have representation at the appeal hearing? Was this appeal a judicial review or against the decision reached by the Court at the final care hearing?

        If the correct appeal process has not been followed then it may be possible to appeal to a higher court. However there are strict timescales for applying for permission to appeal the most recent decision, if permission was not given at the hearing. A second appeal would be to the Court of Appeal.

        It is really important that you obtain some face to face legal advice from a lawyer specialising in this area, to assess whether you are likely to be granted permission and to make any necessary application for a further appeal, if needed. If you had representation at the most recent appeal I strongly recommend you contact them to discuss this as soon as possible. As I mentioned above the timescales for requesting permission to appeal are very strict.

        There is of course no guarantee even if permission to appeal were granted, that the decision reached originally would be any different. The appeal would be purely in relation to the procedures that were followed, or not and consider whether the matter should be heard again. The Appeal Court will Not be rehearing the whole case.

        Get specialist advice as soon as possible.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          I beleive that a judge can ask the case and any appeal be with them ( written on order ). I think if you appeal and that judge refuses, then you can appeal higher, but there are other ways to address SS failures that go through to court. If you really feel thatr the judge has made a mistake in the process, then judicial review is the way forward ( costly but good )

          Are there any factual errors in any of the reports produced for the courts.
          did SS and cafcass explore all options.

          Its a lot easyer to fight incorect reports than it is a judges dissision
          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

          Comment


          • #6
            What exactly is the judgement to begin with because everyone is providing advice but you may have the same judge over a number of times with the same case? Once the final judgement has been made then you can look at appealing that judgement should you so wish but it must be made about legal issues and new evidence cannot be presented to the case. I'm surprised no one has asked which judgement
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment

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