P (A Child) (Interim Separation)

P (A Child) (Interim Separation)

Given the evidence of recent events and the residential unit's professional assessment that the placement could not safely continue, and with no realistic or immediate alternative available, the only practical solution was to approve the local authority's plan for interim separation by placing the child in foster care until a full hearing.

Parties
Appellant: Warrington Borough Council; First Respondent: Mother; Second Respondent: Father; Third Respondent: Child (C)
Jurisdiction
England and Wales
Judgment Date
06 April 2021
Procedural Posture
Family Law Appeal / Appeal Against Interim Order
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Separation of Parent and Child, Residential Assessment Units, Foster Care Placement
Family Law Child Protection Interim Care Orders Separation of Parent and Child Residential Assessment Units Foster Care Placement

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Parties

Warrington Borough Council

Appellant

Mother

First Respondent

Father

Second Respondent

Child (C)

Third Respondent

Procedural Posture

Family Law Appeal / Appeal Against Interim Order

Legal Issues

  1. 1 Whether the interim separation of a mother and child was justified
  2. 2 Whether alternative arrangements to separation were realistically available
  3. 3 Whether the judge erred in refusing the local authority's application for removal

Ratio Decidendi

Given the evidence of recent events and the residential unit's professional assessment that the placement could not safely continue, and with no realistic or immediate alternative available, the only practical solution was to approve the local authority's plan for interim separation by placing the child in foster care until a full hearing.

Court Disposition

Appeal allowed

Orders

  • Child (C) to remain in foster care with frequent contact with mother until a full hearing in the Family Court.
  • The hearing next Friday to be retained for considered directions and a swift decision.