J (A Child: Residential assessment) [2021] EWFC B18 (09 April 2021)

J (A Child: Residential assessment) [2021] EWFC B18 (09 April 2021)

The judge's decision to order a residential assessment at Symbol UK fell within the jurisdiction of s38(6) Children Act 1989 as the assessment was focused on the child and her relationship with her parents, with parental support being ancillary. The judge properly considered the necessity of the assessment and the statutory checklist under s38(7A) and (7B), balancing the impact on the child, the need for robust evidence, and the available alternatives. The appellate court found no error in law or approach and refused permission to appeal.

Citation
[2021] EWFC B18
Parties
Appellant: Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Child (L), by Guardian Naomi Baker
Jurisdiction
England and Wales
Judgment Date
09 April 2021
Procedural Posture
Family Law Appeal / Application for Permission to Appeal and Appeal Against Case Management Decision
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Interim Care Orders, Residential Assessment, Section 38(6) Children Act 1989, Case Management, Appeals, Assessment of Parenting Capacity
Family Law Interim Care Orders Residential Assessment Section 38(6) Children Act 1989 Case Management Appeals Assessment of Parenting Capacity

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Parties

Local Authority

Appellant

Mother

First Respondent

Father

Second Respondent

Child (L), by Guardian Naomi Baker

Third Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal and Appeal Against Case Management Decision

Legal Issues

  1. 1 Whether the court had jurisdiction under s38(6) Children Act 1989 to order a residential assessment at Symbol UK
  2. 2 Whether the residential assessment was necessary to assist the court to resolve the proceedings justly under s38(7A) and (7B) Children Act 1989
  3. 3 Whether the judge failed to consider alternative assessments and the statutory checklist

Ratio Decidendi

The judge's decision to order a residential assessment at Symbol UK fell within the jurisdiction of s38(6) Children Act 1989 as the assessment was focused on the child and her relationship with her parents, with parental support being ancillary. The judge properly considered the necessity of the assessment and the statutory checklist under s38(7A) and (7B), balancing the impact on the child, the need for robust evidence, and the available alternatives. The appellate court found no error in law or approach and refused permission to appeal.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Application for permission to appeal refused on all six grounds.
  • Original order for residential assessment at Symbol UK stands.