A Local Authority v L & Ors

A Local Authority v L & Ors

An expert psychological assessment of the mother is not necessary for the just determination of these care proceedings because the court already has comprehensive evidence from the ISW report regarding the mother’s difficulties, parenting deficits, and support needs. The issues for determination are within the competence of social work professionals, and the test of necessity under s.13(6) of the Children and Families Act 2014 is not met.

Parties
Applicant: A Local Authority; First Respondent: L; Second Respondent: C; Third Respondent: N (A Child by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
23 January 2023
Procedural Posture
Care Proceedings Under Part IV of the Children Act 1989 / Application for Permission to Instruct Expert Psychologist
Outcome
Application dismissed
Legal Topics
Expert Evidence, Care Proceedings, Threshold Criteria, Parental Capacity, Children Act 1989, Children and Families Act 2014
Family Law Child Protection Expert Evidence Care Proceedings Threshold Criteria Parental Capacity Children Act 1989 Children and Families Act 2014

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

L

First Respondent

C

Second Respondent

N (A Child by his Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings Under Part IV of the Children Act 1989 / Application for Permission to Instruct Expert Psychologist

Legal Issues

  1. 1 Whether a psychological assessment of the mother is necessary for the just determination of care proceedings under Part IV of the Children Act 1989

Ratio Decidendi

An expert psychological assessment of the mother is not necessary for the just determination of these care proceedings because the court already has comprehensive evidence from the ISW report regarding the mother’s difficulties, parenting deficits, and support needs. The issues for determination are within the competence of social work professionals, and the test of necessity under s.13(6) of the Children and Families Act 2014 is not met.

Court Disposition

Application dismissed

Orders

  • Application for permission to instruct an expert psychologist to assess the mother is dismissed.