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(Family Division; Mostyn J; 7 October 2011)
An interim care order granted in respect of a 3 year old. Application to stay pending appeal . The appeal likely to be heard 3 weeks later. The mother was a drug user with a history of not complying with orders and directions to undertake regular drug testing. She maintained a relationship with the father who was in prison for serious domestic violence against the mother. The mother claims to have stopped using 6 weeks previously. The mother claimed the interim threshold was not passed, but the guardian disagreed but advised a supervision order. The Local Authority sought an Interim Care Order. The written analysis of the magistrates' decision to make the Interim Care Order was limited and relied on the domestic violence risk posed by the father with no mention of other factors although clearly they were considered.
Application refused. It was impossible on the material available to say that the appeal had a strong likelihood of success or that the justices had been plainly wrong to make an Interim Care Order as opposed to a supervision order.
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