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Family Law

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Court of Protection Practice and Procedure Conference 2016

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13 JAN 2011

CARE PROCEEDINGS: Re M (Placement Order) [2010] EWCA Civ 1257

(Court of Appeal; Wilson and Rimer LJJ; 12 November 2010)

The mother appealed against the Magistrates making both a care order and a placement order without with mother's consent. The mother was not arguing that she could care for child now (substance abuse problems), but that child should remain in care while the mother took steps to develop capacity to provide appropriate care.

Where there had been no compliance or indication that there would be compliance with the rules and the court's directions, the strike-out of the mother's appeal was justified and within the jurisdiction of the judge. Further, the delay in allowing the ultimately futile appeal to go ahead would be inimical to the interests of the child.


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