In the matter of M (A Child) V

In the matter of M (A Child) V

The court has no power to direct the local authority to maintain a child's placement contrary to its care plan once an interim care order is made; the only options are to make or refuse the order. The Justices and county court judge exercised their discretion appropriately under the Act, and the application for permission to appeal must be refused.

Parties
Appellant: K (a child) by her Guardian; First Respondent: Mother; Second Respondent: Gloucestershire County Council
Jurisdiction
England and Wales
Judgment Date
30 November 2009
Procedural Posture
Interlocutory Appeal in Child Care Proceedings / Application for Permission to Appeal From County Court Decision
Outcome
Application for permission to appeal refused
Legal Topics
Interim Care Orders, Care Plans, Judicial Discretion, Children Act 1989
Family Law Child Welfare Interim Care Orders Care Plans Judicial Discretion Children Act 1989

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Parties

K (a child) by her Guardian

Appellant

Mother

First Respondent

Gloucestershire County Council

Second Respondent

Procedural Posture

Interlocutory Appeal in Child Care Proceedings / Application for Permission to Appeal From County Court Decision

Legal Issues

  1. 1 Whether the court has power to direct the local authority to maintain a child's placement contrary to the care plan under an interim care order
  2. 2 Whether the Justices and county court judge erred in refusing to maintain the status quo placement

Ratio Decidendi

The court has no power to direct the local authority to maintain a child's placement contrary to its care plan once an interim care order is made; the only options are to make or refuse the order. The Justices and county court judge exercised their discretion appropriately under the Act, and the application for permission to appeal must be refused.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused