F v H & Anor

F v H & Anor

The judge erred in relying on the guardian's recommendations, which were based on incomplete information and a flawed psychiatric report, to order direct supervised contact between the child and the mother. The precondition for any reintroduction of contact was a proper psychiatric assessment and treatment of the mother to ensure the child's safety and welfare. The decision to allow contact without this evidence was not supported by the facts or the law, and failed to prioritise the child's welfare.

Parties
Appellant: F; 1st Respondent: H; 2nd Respondent: B (by her guardian)
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed; order set aside
Legal Topics
Child Arrangements, Contact Orders, Child Abduction, Psychiatric Assessment, Welfare of the Child
Family Law Child Law Child Arrangements Contact Orders Child Abduction Psychiatric Assessment Welfare of the Child

Case Brief

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Parties

F

Appellant

H

1st Respondent

B (by her guardian)

2nd Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in ordering direct supervised contact between the child and the mother without prior psychiatric assessment and treatment of the mother
  2. 2 Whether the guardian's recommendations were sufficient basis for reversing previous orders suspending contact
  3. 3 Whether the welfare of the child was properly considered in the decision to reintroduce contact

Ratio Decidendi

The judge erred in relying on the guardian's recommendations, which were based on incomplete information and a flawed psychiatric report, to order direct supervised contact between the child and the mother. The precondition for any reintroduction of contact was a proper psychiatric assessment and treatment of the mother to ensure the child's safety and welfare. The decision to allow contact without this evidence was not supported by the facts or the law, and failed to prioritise the child's welfare.

Court Disposition

Appeal allowed; order set aside

Orders

  • The order of 9th August 2017 in respect of contact is set aside.