Source: All England Reporter
Publisher Citation: [2002] All ER (D) 29 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Thorpe and Buxton LJJ
Representation Peter Jackson QC and Judith Butler for the parents.
  Andrew McFarlane QC and John Tughan for the local authority.
  Jane Hoyal for the guardian ad litem.
Judgment Dates: 14 January 2002

Catchwords

Family proceedings - Orders in family proceedings - Interim care order - Placement of mother and child at residential assessment centre - Jurisdiction of court to give appropriate directions with regard to assessment of child subject of care order - s 38(6).

The Case

On the proper construction of s38(6) of the a court was empowered to give such directions as it considered appropriate in respect of the assessment of, inter alia, parenting skills. The direction of residence was within the court's discretion under s38(6) of the 1989 Act. In the instant case, therefore, it was appropriate to add a direction of a residential placement for the mother and baby at a residential assessment centre to the terms of an interim care order granted to the local authority.

Practice Areas

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