O (A Child): Interim Care Order

O (A Child): Interim Care Order

The judge failed to undertake a proper balancing exercise of the risks, ignored relevant evidence (notably the August incident and professional views), and acted prematurely before the independent assessment; thus, the discharge of the interim care order was wrong and the interim care order must be restored.

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
Family Law Care Proceedings / Appeal From Interim Care Order Decision
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Supervision Orders, Welfare of the Child, Proportionality, Balancing Exercise, Judicial Discretion
Family Law Child Protection Interim Care Orders Supervision Orders Welfare of the Child Proportionality Balancing Exercise Judicial Discretion

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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

Family Law Care Proceedings / Appeal From Interim Care Order Decision

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, ignored relevant evidence (notably the August incident and professional views), and acted prematurely before the independent assessment; thus, the discharge of the interim care order was wrong and the interim care order must be restored.

Court Disposition

Appeal allowed

Orders

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