CA-2025-001133 - [2025] EWCA Civ 993

On 13 November 2023, public law care proceedings under Part IV of the Children Act 1989 (‘CA 1989’) were issued in respect of two children – a boy, H, now aged 5, and his younger sister R, now aged 4. Case management directions steered the case towards a fact-finding hearing which took place, after many months of delay, in March 2025 before Upper Tribunal Judge Mandalia sitting as a Deputy High Court Judge in the Family Court (‘the Judge’). The hearing took eight court days. On 24 April 2025, the Judge delivered a reserved judgment, making a number of adverse factual findings against the children’s parents and also against CH, who is the mother’s brother (the children’s maternal uncle), an intervenor in the proceedings.

CH and, separately, the children’s mother (‘the mother’) appeal against a number of those factual findings. The appeals are supported by the children’s father (‘the father’) and also by the Children’s Guardian on behalf of the two subject children. The appeals are opposed by the local authority which is the applicant for the care order (‘the Local Authority’).

Permission to appeal was granted by Baker LJ on 2 July 2025.

These proceedings are already in their 90^th week, appreciably outside the mandatory timeframe set for such cases by section 32(1)(a)(ii) CA 1989; the delay is unacceptable. The final welfare hearing within these proceedings was scheduled to have been heard last month (June 2025), but has been re-listed for a date in October 2025.

For the reasons set out below, I would allow the appeal and would set aside a number of the relevant findings which are challenged (see §85 below). Subject to my Lords’ views, I would propose to direct that the proceedings are remitted to the Designated Family Judge for Wolverhampton to re-allocate and case manage further towards a final composite hearing (i.e., a welfare hearing, accommodating any re-consideration of disputed facts). Strenuous efforts should now be made on all sides to conclude these proceedings before they reach their second anniversary.