M (A Child) (No 1), Re

M (A Child) (No 1), Re

Given the high risk of emotional harm and manipulation of Mary by Bethany, the absence of any viable prospect of re-establishing contact with Alice while Mary remains in Bethany’s care, Bethany’s persistent non-engagement with the court, and the local authority’s failure to address the risks, the only option consistent with Mary’s welfare is to place her in interim foster care. This will provide neutral ground for assessment, protect Mary from further emotional harm, and allow for the possibility of restoring her relationship with Alice.

Parties
Applicant: Alice; First Respondent: Cumbria County Council; Second Respondent: Bethany; Third Respondent: The Children’s Guardian (Mr Moray)
Jurisdiction
England and Wales
Judgment Date
13 April 2023
Procedural Posture
Child Care and Contact Proceedings / Interim Judgment on Application for Contact and Change of Care Plan
Outcome
Mary to be placed in interim foster care; not to remain with Bethany or be returned to Alice at this stage.
Legal Topics
Care Orders, Contact With Child in Care, Parental Responsibility, Emotional Harm, Interim Foster Care, Psychological Assessment, Welfare of the Child
Family Law Child Law Care Orders Contact With Child in Care Parental Responsibility Emotional Harm Interim Foster Care Psychological Assessment +1 more

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Parties

Alice

Applicant

Cumbria County Council

First Respondent

Bethany

Second Respondent

The Children’s Guardian (Mr Moray)

Third Respondent

Procedural Posture

Child Care and Contact Proceedings / Interim Judgment on Application for Contact and Change of Care Plan

Legal Issues

  1. 1 Whether Mary should remain in the care of Bethany, be placed in foster care, or have contact re-established with Alice
  2. 2 Whether the local authority's actions and care plan changes were appropriate
  3. 3 Whether Mary’s expressed wishes and feelings are authentic or manipulated

Ratio Decidendi

Given the high risk of emotional harm and manipulation of Mary by Bethany, the absence of any viable prospect of re-establishing contact with Alice while Mary remains in Bethany’s care, Bethany’s persistent non-engagement with the court, and the local authority’s failure to address the risks, the only option consistent with Mary’s welfare is to place her in interim foster care. This will provide neutral ground for assessment, protect Mary from further emotional harm, and allow for the possibility of restoring her relationship with Alice.

Court Disposition

Mary to be placed in interim foster care; not to remain with Bethany or be returned to Alice at this stage.

Orders

  • Mary to be removed from Bethany’s care and placed in local authority foster care as an interim measure.
  • Local authority to undertake further social work and psychological assessments to determine Mary’s long-term placement.