G (A Child)

G (A Child)

The interim care order was properly made as the threshold criteria under section 38(2) Children Act 1989 were met and the judge exercised his discretion appropriately. The removal of the child without a court order was unlawful, but subsequent proceedings and orders regularised the position. The case should be transferred to the High Court for coordinated management with the judicial review proceedings.

Parties
Appellant: G (Mother); Respondent Authority: Nottingham City Council; Respondent Father: Father; Respondent Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Care Proceedings (interim Care Order) and Judicial Review / Appeal Against Interim Care Order; Permission to Appeal Sought
Outcome
Permission to appeal granted; appeal against interim care order dismissed; directions varied.
Legal Topics
Interim Care Orders, Removal of Child From Parent, Judicial Discretion, Residential Assessment, Section 38 Children Act 1989
Family Law Child Protection Judicial Review Interim Care Orders Removal of Child From Parent Judicial Discretion Residential Assessment Section 38 Children Act 1989

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Parties

G (Mother)

Appellant

Nottingham City Council

Respondent Authority

Father

Respondent Father

Guardian

Respondent Guardian

Procedural Posture

Care Proceedings (interim Care Order) and Judicial Review / Appeal Against Interim Care Order; Permission to Appeal Sought

Legal Issues

  1. 1 Whether the interim care order was properly made under section 38 of the Children Act 1989
  2. 2 Whether the removal of the child without a court order was lawful
  3. 3 Whether the case should be transferred to the High Court for case management with judicial review proceedings

Ratio Decidendi

The interim care order was properly made as the threshold criteria under section 38(2) Children Act 1989 were met and the judge exercised his discretion appropriately. The removal of the child without a court order was unlawful, but subsequent proceedings and orders regularised the position. The case should be transferred to the High Court for coordinated management with the judicial review proceedings.

Court Disposition

Permission to appeal granted; appeal against interim care order dismissed; directions varied.

Orders

  • Case transferred to High Court for hearing before Munby J on 18 February
  • Local authority to use best endeavours to serve assessment of maternal grandparents by 17 February