Re H (Parents with Learning Difficulties: Risk of Harm)
[2023] EWCA Civ 59
E (A Child) (Care and Placement Orders)
27 June 2023
[2023] EWCA Civ 721
Court of Appeal
A mom's appeal to keep her baby was initially rejected because the judge didn't have enough information about the mom's mental health. A higher court said the judge needed more information before making a decision and ordered a psychologist to assess the mom's needs.
Key Facts
- •Appeal by mother against care and placement orders for her son, E.
- •Mother has a traumatic childhood involving sexual abuse and emotional abuse.
- •Mother suffers from mixed anxiety and depression, self-harmed, and has various physical health problems.
- •Mother has had abusive relationships and concerns about her mental health and consistency of care for E.
- •E was initially placed with maternal grandmother, then foster care due to concerns.
- •Mother applied for psychological assessment, initially denied, then appealed.
- •Local authority's initial statement contained allegations of chaotic lifestyle, partying, drugs which were later deemed unfounded.
- •Recorder found the mother was unfairly criticised and the court was misled by the local authority.
- •Recorder ultimately made care and placement orders despite concerns about lack of psychological assessment.
Legal Principles
Children are best brought up within natural families unless significant harm is proven.
Re L (Care: Threshold Criteria) [2007] 1 FLR 2050
Local authorities have a positive obligation to provide support to enable children to remain with parents.
Re D (A Child)(No.3) [2016] EWFC 1, Re H (Parents with Learning Difficulties: Risk of Harm) [2023] EWCA Civ 59
Adoption is a last resort, only when nothing else will do.
Re B (A Child) [2013] UKSC 33
Court must conduct a global, holistic, and multi-faceted evaluation of child's welfare.
Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146
Expert evidence is only necessary if it assists the court to resolve proceedings justly.
s.13 Children and Families Act 2014
Paramount consideration in adoption decisions is the child's welfare throughout their life.
s.1(1) and (2) Adoption and Children Act 2002
Outcomes
Appeal allowed.
The court found there was a significant evidential gap due to the lack of a psychological assessment, which was necessary to conduct a proper welfare analysis and determine whether support could enable the mother to care for her son. The previous dismissal of the application for assessment was based on inaccurate information.
Care and placement orders set aside.
The lack of a psychological assessment prevented a fair evaluation of the mother's abilities and the appropriate level of support needed.
Case remitted for rehearing by another judge.
To ensure a fair and just rehearing with a complete evidential picture.
Court orders a psychological assessment.
To fill the evidential gap and allow for a proper determination of the mother's capabilities and the support required.