What is a North Yorkshire Hearing in Care Proceedings?

Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final Hearing. This would happen at what has become known as a North Yorkshire Hearing and is used where the overall matter is not ready for a full final hearing..

The case of North Yorkshire County Council v B 2007 [2008 1 FLR 1645] provided the first real directions and instance whereby the Family Court dealt with the case of the parents in this matter before a Final Hearing. The Local Authority were assessing further family members to care for the subject child in this matter, which would cause a delay in the Final Hearing taking place. The mother in this case wished to care for her child but accepted that she could not do this at the current time but may be able to do so when the outcome of family assessments were complete. The mother was thus arguing that despite her not being able to care immediately, she should not be ruled out to do so before any Final Hearing, as she may be able to do so later in proceedings. The Court ruled that if there was evidence presented by the Local Authority that there was nothing stopping the Court from determining the mother’s case in advance of outstanding assessment, then the Court could determine that the mother would not be able to care for the child within the timescales of the proceedings. This evidence was presented to the Court, which was that her long-term position to care for the child would not succeed. The mother was ruled out as a possible carer for the child as no matter what she did during the time it took for family assessments to be completed, she would not be able to care for the child. The judgment noted that the Court could use such powers where it is appropriate but not have to or need to do this in similar cases.

Despite the use of North Yorkshire Hearings becoming more frequent, there is still extreme reservation and care by the Family Court in ruling out parents as potential carers prior to the conclusion of proceedings. North Yorkshire Hearings remain contentious, and it is likely that many Judges will still refuse to allow such directions. Whilst trying to reduce the time care proceedings are ongoing, the Court must consider any reason why there has been such delay. Where parents are ruled out before any Final Hearing this could create a significant risk of infringement of their Article 6 and 8 Human Rights, especially if they have done nothing to cause or contribute to the delay. Judges will also want to deal with Care Proceedings with regards to the totality principle. Every issue, every potential carer, and every assessment is linked to the subject child so everything must be dealt with together, known as the totality principle. This is regarded as the fairest way to conduct Care Proceedings.

How can we help?

If your child or children have been made subject to Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.