Re H (Parents with Learning Difficulties: Risk of Harm)
[2023] EWCA Civ 59
Luton Borough Council v R & Ors
13 March 2024
[2024] EWFC 52
Family Court
A girl said her family members hurt her. A judge ordered her to live somewhere safe. The people responsible for protecting her put her back with her family without good reason, ignoring the judge's order. Another judge said they need to follow the original order or show why not.
Key Facts
- •X, a nearly 14-year-old girl, made allegations of sexual abuse against her brother-in-law, paternal grandfather, and brother.
- •The allegations included touching, assault, and rape, spanning several years.
- •Prior concerns regarding potential sexual abuse within the family home existed.
- •Luton Borough Council received a referral and subsequently obtained an interim care order, removing X from her parents' care.
- •X's parents attributed X's allegations to her mental health issues and questioned their credibility.
- •The local authority placed X with her mother in an Airbnb without proper consultation or approval, raising concerns from HHJ Gargan and Mr Justice MacDonald.
- •The local authority's risk assessment was deemed inadequate and lacking forensic foundation.
- •The court found the local authority's actions inconsistent with its previous risk and welfare assessments.
Legal Principles
The court's assessment of risk and welfare is paramount in care proceedings; a local authority cannot disregard it.
Re T [2018] 4 WLR 121
Section 38(2) of the Children Act 1989: An interim care order requires reasonable grounds to believe the circumstances are as mentioned in section 31(2).
Children Act 1989
Regulation 17 of the Care Planning, Placement and Case Review (England) Regulations 2010: Before placing a child, the responsible authority must assess the suitability of the placement, considering factors in Schedule 3.
Care Planning, Placement and Case Review (England) Regulations 2010
Schedule 3 of the Care Planning, Placement and Case Review (England) Regulations 2010: Matters to be considered when assessing suitability, including capacity to protect from harm and ensure a safe environment.
Care Planning, Placement and Case Review (England) Regulations 2010
Outcomes
The court found the local authority's actions inconsistent with its previous risk and welfare assessments and ordered the local authority to comply with the initial interim care order.
The local authority's decision to place X with her mother lacked proper evidence and disregarded the court's prior assessment of risk and the child's welfare. The risk assessment provided was deemed inadequate.
The matter was listed for a further hearing to confirm the local authority's intention to comply or present proper evidence justifying a revisiting of the court's assessments.
To ensure the court's assessment of risk and welfare is respected and acted upon by the local authority.