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06 DEC 2005

CARE PROCEEDINGS: Re G (Interim Care Order: Residential Assessment) [2005] UKHL 68

(House of Lords; Lord Scott of Foscote, Lord Clyde, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Mance; 24 November 2005) [2006] 1 FLR 601

The giving of directions for therapeutic treatment for a parent was not within the court's powers under Children Act 1989, s 38(6). Accordingly the court had no power to make an order for an assessment under s 38(6) if the main purpose of the order was to provide a continuing course of psychotherapy to the mother with a view to giving her the opportunity to change sufficiently so as to become a safe and acceptable carer for her child. There was no European Convention for the Protection of Human Rights and Fundamental Freedoms, Art 8 right to be made a better parent at public expense.

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