Six of the seven children were already in care, and an application was to be made for the seventh. The guardian proposed a residential assessment of mother and baby. The authority sought separate assessments, with an immediate interim order, and the child placed with foster parents. The mother appealed.
Held: Her appeal was allowed. The court had not properly balanced the advantages of assessing the mother and baby together. The purpose of a s38 order was to provide the court with the information it would need to make a final order. The judge had jurisdiction to make an order though the interim order had been made. The proposed assessment satisfied the test that it would provide the court with the information it would need to make the final order.
Citations:
[2002] 1 FLR 545
Statutes:
Jurisdiction:
England and Wales
Children, Human Rights
Updated: 30 April 2022; Ref: scu.228159