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The High Court struck out judicial review proceedings brought by a father against a statutory child and family agency over alleged failures relating to contact and information regarding his child in care, citing inexcusable and substantial delay in progressing the action. Although the applicant cited personal, family, and professional difficulties as reasons for delay, the court found much of the period after June 2022 was not justified. The judge determined it would be unfair to require the agency to defend events alleged to have occurred over ten years ago and that further amendments and delay would not be in the interests of justice. The claim for damages surviving the child's attainment of majority did not render the delay excusable or the proceedings fit to continue.
strike out application – judicial review – delay – child in care – statutory agency – breach of constitutional rights – breach of European Convention on Human Rights – access to child – recording of access visits – Rules of the Superior Courts (O.122 RSC) – Child Care Act 1991 – test for delay – Kirwan v Connors – mootness – guardian ad litem – personal and family circumstances – legal representation – affidavit evidence – oral evidence – re-listing proceedings
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