ON APPEAL FROM NORTHAMPTON COUNTY COURT
(HIS HONOUR JUDGE WAINE)
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE BLACK
LORD JUSTICE TOMLINSON
|IN THE MATTER OF S-L ( CHILDREN )|
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Miss Hari Kaur (instructed by Wilson Browne Solicitors) appeared on behalf of the First Respondent, the Local Authority.
THE REMAINING RESPONDENTS DID NOT APPEAR AND WERE NOT REPRESENTED.
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Lady Justice Black:
"I do not want to go back over the criticisms I made earlier of the father but I have to say that the way in which he gave his evidence and his description of his extreme lack of understanding or empathy in this case must be indicative of the fact that it would only be in the most extreme circumstances that I could foresee him being able to look after these children full time."
He concluded his judgment with these words:
"...I am afraid I am simply not prepared to order either a psychological assessment or a parenting assessment of the father. I think it is just unrealistic and in the end it would be a poor use of public funding."
"Even this father, who has not shown a flicker of emotion throughout all of the court hearings could [not] have been unaware of what was going one. Whenever he was told he declined to do or say anything to [C]. As I understand it he has never in fact spoken to [C] about the allegations. He has also subsequently moved back into his in-law's house and never spoken to [D] or the maternal grandmother about the allegations. He has shown an extraordinary lack of empathy and understanding about what [C] might have been through in connection with these matters. He appears to show absolutely no capacity to provide suitable protection or support for his children, but that of course is predominantly a matter for another day "
"In the end, although it is desperately difficult to understand what the father does think he seemed to come round to the view that even he thought that [C] might be telling the truth..."
Lord Justice Tomlinson:
Lord Justice Ward:
Order: Appeal allowed