Source: All England Reporter
Publisher Citation: [2002] All ER (D) 280 (Jul)
Neutral Citation: [2002] EWHC 1438 (Fam)
Court: Family Division

Dame Elizabeth Butler-Sloss

Representation Robin Tolson QC (instructed by Eastleys, Paignton) for the applicant mother.
  Gillian Irving (instructed by Jane Hammond) for the local authority.
  Lee Arnott (instructed by Foot Anstey Sargent, Plymouth) for the guardian ad litem.
Judgment Dates: 18 July 2002


Child - Care - Local authority - Mother and child living in Devon - Child requiring specialist treatment in settled environment - Decision of authority to place child in residential placement in Cumbria - Mother seeking to challenge decision - Whether procedural irregularities in decision making process having detrimental effect on mother's case - Whether placement in child's best interests.

The Case

Although the local authority had failed to involve the mother in the decision making process in respect of her child and to keep her informed, the outcome had not had a detrimental effect on her case. The authority, in choosing the placement, with the proposal to find suitable part-time foster parents leading to the aspiration to place him in the future permanently in a foster family, had acted appropriately; there was no breach either of the rights of the child or of his mother under the European Convention on Human Rights in the plans put forward.

Practice Areas

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