We represented a parent in ongoing care proceedings involving their infant child. Prior to the proceedings, the Police removed the child under a Police Protection Order for up to 72 hours. This was soon followed by an abridged application by the Local Authority for an Interim Care Order (“ICO”), seeking continued separation of the baby from their parents.
At the initial hearing, our client didn’t have her own solicitor so the solicitor for the other parent had represented both parents together. The Court granted the ICO, and the baby remained separated from the parents' care, in foster care. Our client then instructed us to act on their behalf.
Challenging the Local Authority's approach
Once instructed, we challenged the interim care order by filing an application under s38(6) of the Children Act 1989. We sought a Residential Placement, arguing that the Local Authority had failed to explore appropriate alternatives that would have kept the family together. We also asked the Local Authority to explore and evidence what joint parent and child foster placement searches had been undertaken to avoid separation.
Despite chasing, the Local Authority did not provide any evidence of viable placement searches. The Judge was dissatisfied with the Local Authority's approach. At the next Case Management Hearing, the Judge concluded that the legal test for separation had not been met.
Child returned to parents
The Judge ordered that the baby be returned to the parents' care. This outcome allowed our client to parent their child while the proceedings continue. The parents were delighted with the decision.
The case has now concluded with no public orders made and the baby continues to live with the parents.
Our client was represented by Stephanie Mendoros at 42BR, instructed by Mike Kendrick, Family and Childcare Executive at GT Stewart.
