Re J (Care Rehabilitation Plan): CA 1998

The mother suffered a long term obsessional disorder, and whilst hospitalised, bore a child, who then spent much time in care. The mother planned to marry a man with a history of child sexual abuse. The authority applied for care with a view to adoption. The experts could not predict her recovery within two years. The judge adjourned the application under section 38. The authority appealed.
Held: The appeal succeeded in part. The interim order in effect sought to promote delay while the mother might improve, but it had not been decided that rehabilitation was correct. The judge had correctly identified the need to establish the viability of any rehabilitation programme.
[1998] 2 FLR 498
Children Act 1989 38
England and Wales

Updated: 30 April 2021; Ref: scu.228028