Court Upholds Care Order in G (A Child: Care Order) (Complex Developmental Needs) (No 2) Emphasizing Child's Welfare and Parenting Capacity Evaluation

Citation: [2023] EWFC 218
Judgment on


This article provides an analysis of the case law “G (A Child: Care Order) (Complex Developmental Needs) (No 2) [2023] EWFC 218,” presided over by Mr. Recorder O’Grady. The case involves an application by Nottinghamshire County Council for a care order concerning an 11-year-old child, G, highlighting the complex interplay between the child’s best interests, expert evidence, parenting capacity, and the necessity of care orders.

Key Facts

In “Re: G (A Child: Care Order) (Complex Developmental Needs) (No 2),” the court was tasked with determining whether to grant a care order regarding G, who has complex developmental needs. Mr. Recorder O’Grady evaluated the circumstances around G’s living arrangements, considering the existing relationship with his parents, the potential harm from current and proposed care arrangements, and whether further assessment in the parents’ care was necessary.

The parents contested the care order, seeking an assessment under section 38(6) of the Children Act 1989, arguing that G should be placed in their care on an interim basis for more in-depth assessment. The local authority and the children’s guardian opposed this, supporting the finalisation of the care order without further delay or assessment.

Key testimony was provided by multiple parties including an independent social worker, Dr. Rukhsana Farooqi, whose evaluation and recommendations held significant weight in the court’s deliberations.

Children Act 1989

The court’s analysis was led by principles under the Children Act 1989, focusing on the ‘welfare checklist’ to guide its decision-making process, with the child’s welfare being paramount.

Best Interests of the Child

The paramountcy principle dictates that the best interests of the child take precedence over all other considerations in care proceedings.

Expert Witness Testimony

The duties of an expert witness are to help the court on matters within their expertise; Mr. Recorder O’Grady scrutinized the quality of Dr. Farooqi’s contributions according to this standard.

Realistic Options

The court referenced “Re B-S (Children) [2013] EWCA Civ 1146” and “Re R (A Child) [2014] EWCA Civ 1625,” reinforcing that the evidence must address realistic options and not extend to those legitimately discarded as not being realistic.

Fairness and Procedural Justice

The principle of fairness was a predominant theme, involving timely and just resolution of proceedings and whether an adjournment for further assessment would align with this.


The court refuted the necessity for further assessment under section 38(6) and issued a care order in favor of Nottinghamshire County Council’s care plan. Mr. Recorder O’Grady pointed out several fundamental flaws in Dr. Farooqi’s evidence and considered it to have limited value. The permanency and stability provided by a care order were emphasized over the heightened risk of significant harm G might experience in his parents’ care, even with supportive measures in place.

Central to this decision was the finding that the parents’ understanding of G’s needs and their own parenting capacities were severely misjudged, meaning a care order was the only viable option to secure G’s welfare.


In summary, “Re: G (A Child: Care Order) (Complex Developmental Needs) (No 2)” underscores the court’s duty to protect a child’s welfare above all else and evidences the high threshold required for overturning care order applications by local authorities. It reaffirms that only realistic options with sound evidence should be considered in care proceedings. Furthermore, it illustrates the vital role of expert witness testimony in informing the court while also showcasing the stringent standards to which such testimony is held, particularly regarding the objective examination and critique of parenting capabilities in the context of complex developmental needs.

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