H (A Child), Re

An application for permission to appeal made about five years out of time, and which is transparently misconceived, will be dismissed. An interlocutory challenge may also be academic where subsequent proceedings have culminated in a substantive order. Where papers are transferred from the Administrative Court on the basis that an application should have been directed to the Court of Appeal, the Court may treat them as a permission application and determine them accordingly.

Mr H sought permission to appeal orders made by His Honour Judge Hyams in Children Act proceedings in the Norwich County Court in March and April 1997. Those orders were interlocutory steps towards a final care hearing in June 1997. An application concerning the substantive care order later fell in the dismissal list because Mr H failed to produce bundles.

Mr H also applied to the Administrative Court concerning an earlier order made in September 1996. The papers were passed to the Court of Appeal, apparently on the basis that the application should have been directed there. The central issues were whether permission should be granted and whether the applications remained live.

1. First application. The March and April 1997 orders were interlocutory steps towards a final care hearing. In light of the subsequent procedural history, the applications concerning those orders appeared academic. In any event, the application for permission was received approximately five years out of time and was transparently misconceived. It was dismissed.
2. Administrative Court application. The Court of Appeal treated the papers concerning the September 1996 order as an application for permission to appeal, as apparently intended by the Administrative Court. That application was dismissed also.
3. Final orders. Both applications were dismissed. A copy of the judgment was to be provided to the applicant at public expense.

• Court of Appeal (Civil Division): Considered applications for permission to appeal from orders made by the Norwich County Court in Children Act proceedings. Both applications were dismissed.
• Norwich County Court: His Honour Judge Hyams made interlocutory orders in March and April 1997 and a substantive care order in June 1997.
• Administrative Court: Papers concerning an earlier order made in September 1996 were passed to the Court of Appeal for treatment as a permission application.