Local Authorities Warned To Think Twice Before Issuing Care Proceedings

Melanie Bridgen

In the recent matter of AB (A child), a four year old boy, who has a severe neurological disability with a life limiting condition, was discharged into his parents care from the hospital. Six months later, the Local Authority issued care proceedings alleging the parents lack of co-operation, making it impossible to implement support for the child.

A further 8 months later, the Local Authority informed Sir Munby, President of the Family Division of the High Court of England and Wales, that they wished to withdraw their application for a care order and remove AB from his parents as the support package in place for AB was adequate.

The order states no findings against AB parents, their care of AB and parenting of him, as well as following the plan of managing his symptoms. In addition to this, the order records that they were willing to work with the Local Authority.

Sir Munby warned Local Authorities “to think long and hard before embarking upon care proceedings against otherwise unimpeachable parents”.

What is also helpful guidance from Sir Munby is that he reminds Local Authorities to consider the practicalities of ensuring parents have proper contact with their child during what could be the last part of their life.

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