Y & Anor, Re

Y & Anor, Re

The court found that the mother’s inability to accept and apply medical advice, her fixed and erroneous beliefs, and her performance of unnecessary and invasive procedures caused Y significant harm and placed her at ongoing risk. The threshold for an interim care order was met. The court held that Y’s safety and welfare demanded immediate removal from the mother’s care and that the local authority’s plan for foster care was necessary, proportionate, and in Y’s best interests.

Parties
Applicant: Local Authority; Respondent: Mother (M); Subject Child: Y (child, DOB 2013); Subject Child: H (child, DOB 2012)
Jurisdiction
England and Wales
Judgment Date
15 August 2022
Procedural Posture
Children Act 1989 Care Proceedings / Interim Care Order Finding of Fact Judgment
Outcome
Interim care order for Y; removal from mother’s care to foster placement approved
Legal Topics
Interim Care Orders, Threshold Criteria, Significant Harm, Medical Neglect, Parental Cognition and Capacity, Removal of Child From Parental Care
Family Law Child Protection Interim Care Orders Threshold Criteria Significant Harm Medical Neglect Parental Cognition and Capacity Removal of Child From Parental Care

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Parties

Local Authority

Applicant

Mother (M)

Respondent

Y (child, DOB 2013)

Subject Child

H (child, DOB 2012)

Subject Child

Procedural Posture

Children Act 1989 Care Proceedings / Interim Care Order Finding of Fact Judgment

Legal Issues

  1. 1 Whether the threshold for interim care order is met for removal of Y from mother's care
  2. 2 Whether mother's conduct and beliefs have caused or risked significant harm to Y
  3. 3 Whether mother's inability to adapt her beliefs and follow medical advice places Y at risk

Ratio Decidendi

The court found that the mother’s inability to accept and apply medical advice, her fixed and erroneous beliefs, and her performance of unnecessary and invasive procedures caused Y significant harm and placed her at ongoing risk. The threshold for an interim care order was met. The court held that Y’s safety and welfare demanded immediate removal from the mother’s care and that the local authority’s plan for foster care was necessary, proportionate, and in Y’s best interests.

Court Disposition

Interim care order for Y; removal from mother’s care to foster placement approved

Orders

  • Y to be moved from the Children’s Hospice to a specialist foster placement as per the local authority’s interim care plan
  • Contact arrangements to be reviewed and managed appropriately