• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Social Services lies to take my child

  • Filter
  • Time
  • Show
Clear All
new posts

  • 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
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido


    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle


    • #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?


      • #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.


        • #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


          • #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)


            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.




            Find family law specialists that offer fixed fee services on our sister site
            justbeagle logo

            Fixed fees for Divorce or Dissolution of your Civil Partnership will vary depending on whether you are the Petitioner (issuing the Divorce Petition) or the Respondent (you received Divorce Petition).

            The fixed fees may be available for the whole process or as packaged fees to deal with different stages of the divorce including preparing the divorce petition.
            See more
            See less

            Court Claim ?

            Guides and Letters

            upgrade to vip

            Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

            only £15/yr

            Offers available. No subscription traps.

            sign up now

            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm