A (Children)

On a renewed application for permission to appeal, the Court of Appeal may direct that the application be heard on notice where the issue warrants a full hearing but permission should not yet be granted outright. Notice enables the proposed respondents to address all relevant issues. If an arguable case is established, the appeal may then follow. The court may also give appropriate directions about the constitution and time estimate for the hearing.

The guardian applied for permission to appeal against a Leicester County Court order placing K with his father under a residence order and making a supervision order in favour of Leicester City Council. The guardian argued that the judge had proceeded too quickly, had not heard from her personally, had not considered her views or the welfare checklist, and had not explained the treatment of a psychologist’s report. Ward LJ refused permission on the papers. On renewal, the Court of Appeal considered whether the application should be granted outright or listed on notice for fuller argument.

1. Disposition. Lord Justice Wall, with whom Mrs Justice Black agreed, declined to grant permission outright. The application was directed to be listed on notice to the local authority and K’s father, with the appeal to follow if permission were granted.
2. The renewed application raised a point of sufficient interest to warrant a full hearing. Listing the application on notice would enable all issues to be argued and would allow the court to hear the appeal if Mr Tyler established an arguable case.
3. The court did not determine the merits of the guardian’s complaints. Those complaints concerned the absence of oral evidence from the guardian, the alleged breach of Article 6, failure to address the welfare checklist, inadequate reasons concerning the guardian’s position, and the absence of reasons concerning Dr French’s report.
4. The court directed a two-hour time estimate. It expressed a preference for a three-judge court and, if that was not possible, a two-judge court including a judge with Family Division experience.

• Court of Appeal (Civil Division): Ward LJ refused permission on the papers on 18 May 2005. On renewal, the application was listed on notice, with any appeal to follow if permission was granted.
• Leicester County Court: His Honour Judge Brunning made the order dated 4 April 2005 placing K with his father under a residence order and making a supervision order in favour of Leicester City Council.