Re H (2004): 2004

After the birth C had been placed with a foster carer with a view to adoption. the authority had had concerns about the mother’s ability to care for the child after her treatment of older children. The mother found a more stable relationship, and now sought an assessment, and was supported by the guardian and psychiatrist. The authority agreed that some assessment was necessary, but not a residential assessment.
Held: The authority’s proposal would further delay the final order against C’s interests. The changes in the mother’s lifestyle, and the support which would be provided, justified the proposed intensive residential assessment. Without a residential assessment, the court would be deprived of evidence it would need to make the order. The mother’s appeal succeeded.


[2004] EWHC 1628 (Fam)


Children Act 1989 38(6)


England and Wales


Updated: 13 May 2022; Ref: scu.228171