J (Children), Re

Judgment

Macur LJ :

This is the mother’s appeal against final care orders made by His Honour Judge Tolson QC in respect of three of her sons, J, A and C aged 16, 14 and 12 respectively, at an adjourned Issues Resolution Hearing (“IRH”) on 16 May 2016. A, who instructs his own solicitor, was given permission to appeal also, albeit that his grounds of appeal add little to the substantive issue. That issue is whether the judge was wrong in the procedure he adopted to make the substantive orders at the IRH.

We allowed the appeal on 15 February 2017, with reasons to follow, directing in the meantime that the case be listed for directions within 7 days before Sir James Munby, President, recognising the urgency in listing the case for re-hearing, not least because of the precarious and significant emotional welfare issues affecting at least one of the boys. These are my reasons for allowing the appeal.

District Judge Arbuthnot made interim care orders in respect of the three children on 6 November 2015. On 24 November 2015, she made directions which approved the joint instruction by the parties of the Anna Freud Centre to undertake a multidisciplinary assessment of the family which was to include a full psychiatric assessment of the mother; the order recording that “the issues in the case are so complex that a multi-disciplinary assessment by the Anna Freud Centre is essential to the determination of the case”. The report was to be filed and served by 15 March 2016. The IRH was listed on 4 April 2016. Final hearing was later set for 6-8 April 2016.

After the directions hearing, the mother demonstrated a disinclination to engage with the assessment. On 11 March 2016, she dismissed her solicitor. Her final evidence was due by 29 March 2016 and the Children’s Guardian’s position statement thereafter on 4 April 2016.

The matter was listed for directions on 22 March 2016, the Court having been informed that the mother was not legally represented and now wished to engage with the assessment. The mother appeared and was provided with names of family solicitors. The IRH on 4 April 2016 remained listed before District Judge Arbuthnot.

Thereafter the Children’s Guardian obtained provisional dates (13 April 2016 and 5 May 2016) for the mother to attend the Anna Freud Centre if the Court permitted the resumption of the assessment. An advocates’ meeting took place on 31 March 2016 in which the mother participated in person. Agreement was reached that the Court would be