The Background
5.The three children have lived with their maternal grandmother since 24 May 2022. The grandmother was subject to an assessment which was completed in pre-proceedings in June 2022 to consider whether she could be approved pursuant to Regulation 24 of the Care Planning, Placement and Care Review Regulations. The assessment was negative.6.The Local Authority issued proceedings on 30 June 2022 and the children had been subject to Child in Need planning from 21 September 2018 until they were made subject to Child Protection planning on 2 February 2021. The Local Authority were in a period of pre-proceedings from 21 April 2022. Unfortunately, that was ineffective in effecting change in relation to the risks that were identified for the children in their mother’s care. 7.On 24 May 2022, the mother abandoned the children during an unannounced visit by the social worker. The mother said she was not returning, and the children should go into care. The mother confirmed on 8 June that that remained her position.8.The risks to the children were set out as follows in the Local Authority evidence: domestic abuse within her relationship and her most recent partner, Mr E, the mother’s poor mental health and wellbeing and the impact of this on the children, negative parental responses to managing the children’s behaviour, missed health appointments for all the children, the inconsistent role that the fathers had played in the children’s lives and the children’s exposure to domestic abuse, an allegation against Mr E that he had previously physically harmed B, the mother’s lack of honesty with the Local Authority of her relationship status with Mr E, including not adhering to a restraining order that prohibited her from being near Mr E, the mother neglecting to keep the children safe whilst in the community.9.At the first hearing within the care proceedings, the Local Authority agreed to further assess the grandmother pursuant to section 38(6) of the Children Act 1989. The Court sanctioned the plan. The full Kinship Carer Assessment of the grandmother, dated 31 October 2022, considered the grandmother as a long-term foster carer or special guardian for the children as well as placement of the children with her under a child arrangements order. The assessment concluded negatively.10.On 11 January 2023, the maternal grandmother made an application for party status and permission to instruct an independent social worker to complete a further assessment of her. She filed a statement in support. A social worker’s statement opposing her application was also filed and served. 11.The matter came before the Magistrates on 30 January 2023 for an Issues Resolution Hearing. The grandmother was supported by the mother, the fourth respondent father and the Children’s Guardian. 12.In the order of 30 January 2023, the Magistrates refused the application for an independent social worker and provided written reasons for that decision. The maternal grandmother now appeals that decision. 13.This being a case management decision of the Magistrates, I now set out the law that applied to that decision. Starting from first principles, the Court must further the overriding objective to deal with cases justly having regard to the welfare issues involved. Rule 1.2 of the Family Procedure Rules 2010 provides that dealing with a case justly includes, so far as is practicable,(a)ensuring that it is dealt with expeditiously and fairly, (b)dealing with the case in ways which are proportionate to the nature, importance and complexity of issues, (c)ensuring that the parties are on an equal footing, (d)saving expense and (e)allotting to it an appropriate share of the Court’s resources while taking into account the need to allot resources to other cases. 14.Rule 1.4 imposes a duty on the Court to manage cases actively. Active case management includes identifying the issues at an early stage, Rule 1.4(2)(b)(i), deciding promptly which issues need investigation and hearing and which do not, Rule 1.4(2)(c)(i), and considering whether the likely benefits of tsking a particular step justify the cost of taking it, Rule 1.4(2)(h). 15.The Children Act 1989 has always recognised the general principle that any delay in determining the question is likely to prejudice the welfare of the child, section 1(2). In public law proceedings, this principle is sharpened by section 32(1), introduced by the Children and Families Act 2014, which requires the Court to draw up a timetable with a view to disposing of the application without delay and, in any event, within 26 weeks beginning with the day on which the application was issued and give such direction as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to. Subsection (3) requires the Court to have particular regard to the impact which the timetable would have on the welfare of a child to whom the application relates and on the conduct of the proceedings. 16.The Family Procedure Rules 2010, Part 25.4 states, “The Court may give permission for expert evidence only if the Court is of the opinion that the expert evidence is necessary to assist the Court to resolve the proceedings”. Section 13 of the Children and Families Act 2014 states that the Court may give permission only if the Court is of the opinion that the expert evidence is necessary to assist the Court to resolve the proceedings justly. Section 13(7) of the Children and Families Act 2014 provides when deciding whether to give permission, the Court has to have regard in particular to,(a)any impact which giving permission would be likely to have on the welfare of the child concerned and the impact on the child of any assessment of them, (b)the issues to which the expert evidence would relate, (c)the issues with which the examination or other assessment would enable the Court to answer, (d)what other expert evidence is available, whether obtained before or after the start of proceedings, (e)whether the evidence could be given by another person are matters on which the expert would give evidence, (f)the impact which giving evidence would be likely to have on the timetable for and duration and conduct of the proceedings, (g)the cost of the expert evidence, (h)any matters prescribed by the Family Procedure Rules.