The mother was seen to be unstable with a history of self harm, and with a violent association. Two older children were in care, and despite psychiatric evidence that she was improving the authority resisted a suggestion that there be a residential assessment, wishing to proceed straight to a final care order. The mother appealed the order giving effect to the authority’views.
Held: A residential assessment order was made. The court acting under s38 (6) may direct the local authority to implement and fund a family residential assessment. The court must consider whether the propose programme was in reality an assessment, and not just treatment of the mother; that it was genuinely in the child’s broad best interests; and that the assessment was a necessary part of the court making the findings which would found its decision. It must also find it not unreasonable and in the interests of justice that the authority find the assessment.
Citations:
[1998] 2 FLR 371
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – In Re C (A Minor) (Interim Care Order: Residential Assessment) HL 29-Nov-1996
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The . .
Cited by:
Doubted – In re G (a Child) (Interim Care order: Residential assessment) CA 27-Jan-2004
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government
Updated: 04 November 2022; Ref: scu.228015
