H, Re [2016] EWFC B20 (01 February 2016)

The threshold for an Interim Care Order is met due to significant emotional harm and escalating behavioural issues, and RLJH's safety demands immediate removal from his mother's care as no support package can adequately protect him in the interim.

Citation: [2016] EWFC B20
Parties: Mother/respondent: AH; Child/subject: RLJH; Applicant: Local Authority
Jurisdiction: England and Wales
Judgment Date: 01 February 2016
Procedural Posture: Care Order Application / Interim Hearing
Outcome: Interim Care Order granted
Legal Topics: Interim Care Order, Removal of Child From Parental Care, Emotional Harm, Threshold Criteria Under Children Act 1989 S.31(2)

Family Law Child Protection Interim Care Order Removal of Child From Parental Care Emotional Harm Threshold Criteria Under Children Act 1989 S.31(2)

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Parties

Mother/respondent

RLJH

Child/subject

Local Authority

Applicant

Procedural Posture

Care Order Application / Interim Hearing

Legal Issues

1 Whether the threshold for an Interim Care Order under s.31(2) Children Act 1989 is met
2 Whether RLJH's safety demands immediate removal from his mother's care

Ratio Decidendi

Court Disposition

Interim Care Order granted

Orders

Interim Care Order made in favour of the local authority for RLJH's removal from his mother's care
Contact between RLJH and his mother to be at the discretion of the local authority, initially three times per week as recommended by the Guardian