M (A Child), Re (No 1) [2023] EWFC 312 (B) (13 April 2023)

M (A Child), Re (No 1) [2023] EWFC 312 (B) (13 April 2023)

The court determined that, given the history of acrimony, psychological assessments, and the sudden unexplained change in Mary's wishes, it is not in Mary's best interests to remain solely in Bethany's care or to return immediately to Alice. The local authority failed to properly assess or address the risks identified in previous proceedings. The only viable interim solution is for Mary to be placed in neutral foster care to allow for further assessment and to facilitate the potential re-establishment of her relationship with Alice, with the welfare of the child as the paramount consideration.

Citation
[2023] EWFC 312 (B)
Parties
Applicant/psychological Parent: Alice; Respondent/biological Mother: Bethany; Local Authority: Cumbria Council; Subject Child: Mary; Children's Guardian: Mr Moray
Jurisdiction
England and Wales
Judgment Date
13 April 2023
Procedural Posture
Family Law Child Arrangements and Care Order / Judgment on Application for Contact and Review of Care Arrangements
Outcome
Mary to be placed in interim foster care; further assessments to be conducted; contact between Mary and Alice to be considered in neutral setting; oversight by local authority and guardian to continue.
Legal Topics
Care Orders, Child Arrangements, Parental Responsibility, Contact With Child in Care, Section 91.14 Orders, Psychological Parenting, Welfare of the Child
Family Law Child Law Care Orders Child Arrangements Parental Responsibility Contact With Child in Care Section 91.14 Orders Psychological Parenting +1 more

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Parties

Alice

Applicant/psychological Parent

Bethany

Respondent/biological Mother

Cumbria Council

Local Authority

Mary

Subject Child

Mr Moray

Children's Guardian

Procedural Posture

Family Law Child Arrangements and Care Order / Judgment on Application for Contact and Review of Care Arrangements

Legal Issues

  1. 1 Whether Mary should remain in the care of Bethany or be moved to foster care or returned to Alice
  2. 2 Whether contact between Mary and Alice should be re-established
  3. 3 Whether the local authority's actions and assessments were appropriate

Ratio Decidendi

The court determined that, given the history of acrimony, psychological assessments, and the sudden unexplained change in Mary's wishes, it is not in Mary's best interests to remain solely in Bethany's care or to return immediately to Alice. The local authority failed to properly assess or address the risks identified in previous proceedings. The only viable interim solution is for Mary to be placed in neutral foster care to allow for further assessment and to facilitate the potential re-establishment of her relationship with Alice, with the welfare of the child as the paramount consideration.

Court Disposition

Mary to be placed in interim foster care; further assessments to be conducted; contact between Mary and Alice to be considered in neutral setting; oversight by local authority and guardian to continue.

Orders

  • Mary to be removed from Bethany's care and placed in local authority foster care as an interim measure.
  • Local authority to arrange updated psychological and social work assessments.