Unnamed Local Authority v S & Ors
[2023] EWFC 155 (B)
Cumberland Council v The Mother & Ors
3 April 2023
[2023] EWFC 51 (B)
Family Court
A baby, Christine, was in care proceedings because her mum couldn't look after her. The government people (local authority) were slow to find a family member who could help, causing big delays. The judge said they should have looked for other family members much earlier and made new rules to help prevent this happening again.
Key Facts
- •Care proceedings for Christine, born mid-2022, due to concerns about her mother, Jane's ability to care for her.
- •Jane's previous child, Ben, was removed from her care.
- •Maternal family members were initially identified but deemed estranged.
- •Hannah, Jane's sister, was identified as a potential carer relatively late in the proceedings.
- •Significant delays occurred due to missed opportunities to identify and assess potential carers early on.
Legal Principles
Delay in determining questions about a child's upbringing prejudices their welfare.
Children Act 1989, section 1(2)
Care proceedings should be disposed of without delay, within 26 weeks where reasonably practicable.
Children Act 1989, section 32
Local authorities have a statutory duty to consider placing a child with a parent, and if not possible, to consider relatives as alternative carers.
Children Act 1989, section 22C; Care Planning, Placement and Case Review (England) Regulations 2010, regulation 17
Outcomes
The court criticized the local authority's delay in identifying and assessing Hannah as a potential carer.
Missed opportunities at various stages of the proceedings, including pre-proceedings, contributed to the delay. The local authority's reliance on the mother to identify potential carers was deemed insufficient.
A new allocation order template was created for Cumbria to address the issue of delay and ensure proactive identification of potential carers.
To improve efficiency and compliance with the statutory time limit for care proceedings.
The local authority will pay for the updated independent social worker report necessitated by the delay.
The delay was largely attributed to the local authority's actions.