Cheshire East Borough Council v M & Ors

Cheshire East Borough Council v M & Ors

The Local Authority failed to comply with legal requirements for placement changes under section 38(6) Children Act 1989, did not promptly file an interim care plan, and did not properly seek court authorisation for the move of A to family members outside Cheshire. The court approves the interim care order for regulated foster care placement and directs the Local Authority to promote contact and promptly develop care plans.

Parties
Applicant: Cheshire East Borough Council; Respondent Mother: M; Respondent Father (a's Father, Discharged): F; Respondent Father (b's Father): G; Children (represented by Guardian): A and B (children)
Jurisdiction
England and Wales
Judgment Date
07 July 2025
Procedural Posture
Care Proceedings / Interim Care Order Hearing
Outcome
Interim care order continued; placement of A with foster carers approved; timetable for evidence and IRH set.
Legal Topics
Interim Care Orders, Section 38(6) Children Act 1989, Placement With Family Members, Foster Care Placement, Community Based Assessment
Family Law Child Protection Interim Care Orders Section 38(6) Children Act 1989 Placement With Family Members Foster Care Placement Community Based Assessment

Case Brief

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Parties

Cheshire East Borough Council

Applicant

M

Respondent Mother

F

Respondent Father (a's Father, Discharged)

G

Respondent Father (b's Father)

A and B (children)

Children (represented by Guardian)

Procedural Posture

Care Proceedings / Interim Care Order Hearing

Legal Issues

  1. 1 Whether the Local Authority complied with legal requirements for placement changes under section 38(6) Children Act 1989
  2. 2 Whether the interim care plan was properly filed and scrutinised
  3. 3 Whether the placement of A with family members outside Cheshire was lawful and in A's best interests

Ratio Decidendi

The Local Authority failed to comply with legal requirements for placement changes under section 38(6) Children Act 1989, did not promptly file an interim care plan, and did not properly seek court authorisation for the move of A to family members outside Cheshire. The court approves the interim care order for regulated foster care placement and directs the Local Authority to promote contact and promptly develop care plans.

Court Disposition

Interim care order continued; placement of A with foster carers approved; timetable for evidence and IRH set.

Orders

  • Section 38(6) direction for community assessment discharged forthwith.
  • A to move to regulated foster care placement as per transition plan.