Most senior family court judge to decide future of three-year-old girl
The most senior family court judge in England and Wales has been asked to make decisions about the future of a three-year-old girl who has been at the centre of litigation for almost all her life.
A local family court judge, a High Court judge and several Court of Appeal judges already examined issues relating to the girl’s case.
Now Sir James Munby, the president of the Family Division of the High Court, has been asked to decide whether she should live with her father and siblings or be adopted.
He is reviewing evidence and hearing submissions from four senior barristers, backed by junior barristers and solicitors, at a private hearing in the Family Division of the High Court in London.
Sir James (pictured) has said no detail of evidence aired at the hearing, expected to last two weeks, can be reported until he delivers a ruling.
Social services at Brighton and Hove City Council have responsibility for the girl’s welfare but Sir James has said the girl, who will celebrate her fourth birthday soon, cannot be identified.
The case hit the headlines a year ago when a High Court judge, Ms Justice Russell, criticised social workers involved, complaining that they had been ”unprofessional” and had talked ”psycho-babble”.
Judges have been told that the girl has three older siblings.
They have heard that the children’s mother had mental health problems and was unable to care for the children safely.
Social workers had raised welfare concerns shortly after the girl was born.
In 2013 a local family court judge made decisions about where the children should live.
That judge concluded that the three eldest children should live with their father, but said the girl should be placed for adoption.
The girl was subsequently placed with a couple who wanted to adopt her.
Ms Justice Russell overturned the ruling relating to the girl about a year ago, after the father mounted a challenge, following a hearing in the Family Division of the High Court in London.
She decided that the girl should return to her father – and siblings – and said the council’s assessment of the man’s abilities had been ”ill founded”.
The couple who want to adopt then challenged Ms Justice Russell’s ruling.
They complained that they had not had a fair hearing because Ms Justice Russell had ”failed to keep an open mind” and ”pre-judged the issues”.
Three Court of Appeal judges ruled late last year that the case should be re-examined by another judge at a fresh hearing in the Family Division of the High Court.
They said the little girl would stay with the couple who want to adopt, pending the outcome of the fresh High Court hearing.
Earlier this week a former Liberal Democrat MP said council social services departments in England and Wales were under pressure to get children adopted.
John Hemming, who campaigns for improvements in the family justice system, said the process of assessment used by judges who make decisions about children’s futures was biased towards council management objectives.
Mr Hemming, a former Birmingham MP who helps run the Justice for Families campaign group, outlined concerns in a speech prepared for a conference in Poland.
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