Re B (Psychiatric Therapy for Parents): 1999

On the birth of their fourth child, the three older children having removed and adopted, the authority obtained psychiatric reports for the parents and applied for a further care order. One report offered treatment over two years, the other doubted whether rehabilitation was possible. The Guardian’s expert’s report suggest possible treament leading to rehabilitiation within 12 weeks. After further discussion, the court, finding that 38(6) gave it jusridiction, ordered the authority to accept the guardian’s programme. The authority appealed.
Held: The appeal succeeded. An assessment necessary for the courts function could be ordered. A programme which would in effect be treatment of the family could not. This case fell into that category, and the judge had not adequately considered the alternatives. The court noted that orders going against the authority’s clear views should be exceptional.

Citations:

[1999] 1 FLR 701

Statutes:

Children Act 1989 38

Jurisdiction:

England and Wales

Children

Updated: 06 July 2022; Ref: scu.228029