A, B, C, D & E , Re [2014] EWFC B226 (7 April 2014)

A, B, C, D & E , Re [2014] EWFC B226 (7 April 2014)

Given the Local Authority's repeated failures in disclosure, flawed prior assessments, and the resulting objective and subjective mistrust among parents and children, a re-evaluation is necessary and cannot be adequately or objectively performed by the Local Authority's new team. Appointment of an independent social worker is required to ensure fairness and objectivity in the assessment.

Citation
[2014] EWFC B226
Parties
Applicant / Local Authority: Hampshire County Council; Respondent / Mother: M (Mother); Respondent / Father: F (Father); Child: A (Child); Child: B (Child); Children: C, D, E (Children); Guardian: Children's Guardian (Miss Edney)
Jurisdiction
England and Wales
Judgment Date
07 April 2014
Procedural Posture
Care Proceedings / Interlocutory Application During Final Hearing
Outcome
Application granted
Legal Topics
Care Proceedings, Expert Evidence, Disclosure, Adoption, Foster Care, Independent Social Worker
Family Law Child Protection Care Proceedings Expert Evidence Disclosure Adoption Foster Care Independent Social Worker

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Parties

Hampshire County Council

Applicant / Local Authority

M (Mother)

Respondent / Mother

F (Father)

Respondent / Father

A (Child)

Child

B (Child)

Child

C, D, E (Children)

Children

Children's Guardian (Miss Edney)

Guardian

Procedural Posture

Care Proceedings / Interlocutory Application During Final Hearing

Legal Issues

  1. 1 Whether an independent social worker should be appointed to conduct a re-evaluation and parenting assessment in care proceedings due to failures by the Local Authority.

Ratio Decidendi

Given the Local Authority's repeated failures in disclosure, flawed prior assessments, and the resulting objective and subjective mistrust among parents and children, a re-evaluation is necessary and cannot be adequately or objectively performed by the Local Authority's new team. Appointment of an independent social worker is required to ensure fairness and objectivity in the assessment.

Court Disposition

Application granted

Orders

  • Permission granted for Helen Randall to be instructed as independent social worker to conduct a full re-evaluation and parenting assessment.
  • Costs of the independent social worker's assessment to be borne by the Local Authority.