O (A Child): Interim Care Order [2019] EWCA Civ 583 (28 March 2019)

O (A Child): Interim Care Order [2019] EWCA Civ 583 (28 March 2019)

The judge failed to undertake a proper balancing exercise of the risks, did not have sufficient evidence to assess the mother's capacity or the harm to O in foster care, and acted prematurely before the independent social work assessment. The decision to discharge the interim care order was therefore wrong and must be set aside.

Citation
[2019] EWCA Civ 583
Parties
Appellant Local Authority: Northamptonshire County Council; Respondent Mother: Mother of O; Subject Child: O (A Child); Guardian: Child's Guardian
Jurisdiction
England and Wales
Judgment Date
28 March 2019
Procedural Posture
Appeal From Family Court (interim Care Order) / Appeal Judgment
Outcome
Appeal allowed; interim care order restored
Legal Topics
Interim Care Orders, Supervision Orders, Welfare of the Child, Proportionality, Risk Assessment
Family Law Child Protection Interim Care Orders Supervision Orders Welfare of the Child Proportionality Risk Assessment

Case Brief

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Parties

Northamptonshire County Council

Appellant Local Authority

Mother of O

Respondent Mother

O (A Child)

Subject Child

Child's Guardian

Guardian

Procedural Posture

Appeal From Family Court (interim Care Order) / Appeal Judgment

Legal Issues

  1. 1 Whether the discharge of the interim care order and replacement with an interim supervision order was justified and proportionate at the interim stage
  2. 2 Whether the judge properly balanced the risks of harm to the child in foster care versus returning to the mother
  3. 3 Whether the judge erred by not awaiting the independent social work assessment

Ratio Decidendi

The judge failed to undertake a proper balancing exercise of the risks, did not have sufficient evidence to assess the mother's capacity or the harm to O in foster care, and acted prematurely before the independent social work assessment. The decision to discharge the interim care order was therefore wrong and must be set aside.

Court Disposition

Appeal allowed; interim care order restored

Orders

  • Paragraphs 1, 2 and 5 of the order set aside
  • Interim care order restored