Amber (Unjustified Delay), Re

Amber (Unjustified Delay), Re

Delay in proceedings was wholly unjustified and caused significant emotional harm to Amber. Extensions beyond the statutory 26-week limit were not properly justified or recorded. Adjournment for further assessment of 'Uncle Jay' would cause further harm and is not necessary. Threshold for care order is met. Care order with plan for long-term foster care and monthly contact is the only option meeting Amber's welfare best interests. Judgment to be published for transparency.

Parties
Applicant Local Authority: East Sussex County Council; Respondent Mother: Mother; Respondent Father: Father; Child (through Guardian): Amber (not her real name)
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Care Order (public Law) / Further Case Management Hearing; Final Judgment
Outcome
Care Order granted; proceedings concluded.
Legal Topics
Care Orders, Delay in Proceedings, Case Management, Welfare of the Child, Article 6 and 8 ECHR, Threshold Criteria, Contact Arrangements, Transparency in Family Courts
Family Law Child Protection Care Orders Delay in Proceedings Case Management Welfare of the Child Article 6 and 8 ECHR Threshold Criteria +2 more

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Parties

East Sussex County Council

Applicant Local Authority

Mother

Respondent Mother

Father

Respondent Father

Amber (not her real name)

Child (through Guardian)

Procedural Posture

Care Order (public Law) / Further Case Management Hearing; Final Judgment

Legal Issues

  1. 1 Whether delay in proceedings was justified and compliant with statutory requirements
  2. 2 Whether threshold for making a care order was met
  3. 3 Whether adjournment for further assessment (viability of 'Uncle Jay') was necessary

Ratio Decidendi

Delay in proceedings was wholly unjustified and caused significant emotional harm to Amber. Extensions beyond the statutory 26-week limit were not properly justified or recorded. Adjournment for further assessment of 'Uncle Jay' would cause further harm and is not necessary. Threshold for care order is met. Care order with plan for long-term foster care and monthly contact is the only option meeting Amber's welfare best interests. Judgment to be published for transparency.

Court Disposition

Care Order granted; proceedings concluded.

Orders

  • Care Order made for Amber with plan for long-term foster care.
  • Contact between Amber and mother to reduce to monthly, subject to regular review.