L (Children), Re [2016] EWCA Civ 1110 (20 September 2016)

L (Children), Re [2016] EWCA Civ 1110 (20 September 2016)

The judge erred in concluding that the test for removal was satisfied; there was no evidence of imminent or immediate risk to PL necessitating removal, and the absence of a care plan and psychological assessment meant the court could not properly balance the risks or ensure an appropriate placement.

Citation
[2016] EWCA Civ 1110
Parties
Subject: L (Children); Applicant's Advocate: Miss Hilary Pollock; Respondent's Advocate: Mr Graham Crosthwaite
Jurisdiction
England and Wales
Judgment Date
20 September 2016
Procedural Posture
Appeal / Appeal Against Interim Care Order From Family Court
Outcome
Appeal allowed; interim care order discharged; interim supervision order made.
Legal Topics
Interim Care Orders, Removal of Children, Threshold Criteria, Chronic Neglect, Care Plans
Family Law Child Protection Interim Care Orders Removal of Children Threshold Criteria Chronic Neglect Care Plans

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Parties

L (Children)

Subject

Miss Hilary Pollock

Applicant's Advocate

Mr Graham Crosthwaite

Respondent's Advocate

Procedural Posture

Appeal / Appeal Against Interim Care Order From Family Court

Legal Issues

  1. 1 Whether the threshold for removal of a child under an interim care order was met
  2. 2 Whether the absence of a viable care plan invalidated the interim care order
  3. 3 Whether the judge gave sufficient weight to the guardian's recommendation

Ratio Decidendi

The judge erred in concluding that the test for removal was satisfied; there was no evidence of imminent or immediate risk to PL necessitating removal, and the absence of a care plan and psychological assessment meant the court could not properly balance the risks or ensure an appropriate placement.

Court Disposition

Appeal allowed; interim care order discharged; interim supervision order made.

Orders

  • Interim care order in respect of PL discharged
  • Interim supervision order made until further hearing in Family Court