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Family Law

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Court of Protection Practice and Procedure Conference 2016

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29 OCT 2012

CARE PROCEEDINGS:Re H (Breakdown of Foster Placement: Further Assessment)

(Court of Appeal, Thorpe, Lewison LJJ, Hedley J, 26 October 2012) 

The mother's first child had been adopted due to concerns of emotional harm. The local authority initiated care proceedings in relation to the second child and the mother and baby went into a foster placement which proved successful. However, when they were moved to a different placement it subsequently broke down and the local authority sought a final care order.

The judge adjourned proceedings for 3 months and directed the mother and child to return to the first foster placement under an interim care order while an independent social work assessment took take place.

The local authority appealed. Appeal dismissed. The judge had immense experience in family proceedings and although the order was unusual he had been well aware of the professionals' concerns for the proposal. The order was logical and very well thought through.

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