A baby was taken into care suffering from drug withdrawal symptoms from birth. On a literal reading of the phrase, ‘baby’s heath is being impaired’, the statutory test could never be met on the particular facts of the case.
Held: The phrase applied to the continuous period from birth and was continuing at the time the Order was made. The Order was valid.
Lord Brandon analysed the statute, which provided for a place of safety order, an interim order and, finally, a full care order, saying: ‘With regard to the second question relating to the expression ‘is being’, it is in my opinion necessary to have in mind the purpose sought to be achieved not only by Section 1 but also by Section 28 of the 1969 Act. The effect of Section 28, when combined with that of Section 1, is to create a process for the protection of children which may often include three separate but connected stages . . Against the background of these three possible stages . . it is, in my view, clear that the Court, in considering whether a continuing situation . . exists, must do so at the point of time immediately before the process of protecting the child concerned is first put into motion. To consider that matter at a point of time when the child has been placed under protection for several weeks . . would . . defeat the purpose of Parliament.’
Lord Brandon
[1987] AC 317, [1987] 1 All ER 20, [1986] 3 WLR 1080, (1986) 151 JP 313, (1986) 85 LGR 169, [1987] Fam Law 202
Children and Young Persons Act 1969
England and Wales
Cited by:
Applied – Re M (A Minor) (Care Orders: Threshold Conditions) HL 7-Jun-1994
The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order.
Held: When an application was made on the . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.182987 br>