Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

22 OCT 2009

CARE PROCEEDINGS: Re W and M (Children) [2009] EWCA Civ 1278

(Court of Appeal; Thorpe and Wall LJJ and Coleridge J; 22 October 2009)

In a case involving 5 children it was accepted that the local authority assessments of the parents had been inadequate. The mother, although still using cannabis, had been free of cocaine and heroin for about 6 months; the father was in prison and was currently drug free. Nonetheless, the judge refused the parents' application for a further residential assessment of their parenting.

The judge had been particularly influenced by: the long and serious drug involvement by both parents, with the associated history of domestic neglect; the lack of insight by both parents; the impossibility of making any decision favourable to the parents quickly, given that any assessment would need to involve long-term abstinence by both parents during a period when they were actually caring for the children; and the risk of delay to the children. The factor of delay was indeed a decisive factor, weighing the overall chances of success in the balance together with the effect of the disruption to the children's lives in carrying out the assessment.

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Subscribe to our newsletters