Skip to content

Socials

RE H (2004)

20th July 2004

Court

High Court (Family Division)

Practice Areas

Public Children Law

Summary

A mother had made significant changes in her lifestyle since her earlier problems with parenting and should be granted a six-week residential assessment with her baby.

Facts

The applicant mother (M) applied under the Children Act 1989 s.38(6) to undergo a six-week residential assessment at a unit with her child (C) who was four months’ old. When M was pregnant with C the local authority had decided, given M’s history of deficient care of her children, that C should be adopted. C was therefore placed with a foster carer following birth. Subsequently, M met a new partner (P) who formed a significant part of her proposals for a residential assessment with C. M’s application was supported by the guardian ad litem and a consultant psychiatrist. The local authority agreed that a further assessment was necessary for the purposes of the impending final hearing but argued that a community based assessment, consisting of twice weekly attendance at a family skills group for 13 weeks followed by the possibility of a residential placement, was more appropriate.

The local authority’s proposed course of action would inevitably result in a delay of the final hearing, and in the determination of an outcome for C, which would be detrimental given C’s age. This was the last chance for a residential assessment as C would suffer more serious “adjustment” consequences if removed from his foster carers when older. The advantage of a residential assessment was 24-hour observation allowing skilled staff to identify difficulties when they arose whereas periodic attendance at a family skills group would not provide an in depth analysis of M and her capacity to care for C. M should be given the opportunity of a residential assessment since she had made significant changes in her lifestyle to include her relationship with P who was essential to any assessment as M could not operate to the appropriate standard as a single mother. A residential assessment was necessary as without it the court would have difficulty in reaching a full and reasoned decision as to what was best for C’s future, Re L & C (Minors), Re (Unreported, April 25, 1997) and G (A Child) (Interim Care Order: Residential Assessment), Re (2004) EWCA Civ 24, (2004) 1 FLR 876 .

Application granted.

Permission

Lawtel Logo_lawtel20x50

What people say

Quote
Quote
Quote
The clerking team is the best there is. Nothing is too much trouble and no problem is insurmountable. They just make life easier at every turn.
Quote
Chambers and Partners, 2025
Quote
4PB is a set with top-class counsel at all levels in matrimonial finance work.
Quote
Legal 500, 2024
Quote
An immensely respected set recognised for its immeasurable expertise in private and public children law, as well as its complementary skill in matrimonial finance work.
Quote
Chambers and Partners, 2025
Quote
4PB is ‘a brilliant set across the board – top choice for children law matters.'
Quote
Legal 500, 2025