Failed care order

Re B (children) (2008) CA (Civ Div) 31 January; SJ 12 February p30

The local authority became increasingly concerned about the degenerating mental health of the father of K. When the father made threats to kill himself and K and his brother, the local authority instigated care proceedings. The father refused to participate on the basis that the sooner the care order was granted, the sooner it would fail and he could apply to have it discharged and K returned to him. K was placed in foster care. Communication between him and his father was stopped and K was removed from his home county. K began absconding from school, eating unhealthily and attempting to return to his father. He also began writing emotional letters to social services and to his solicitors pleading to be reunited with his father. It was clear that, as forecast by the father, the care plan had failed. The foster care arrangements were having an adverse effect on the boy’s schooling, health and emotional well-being. Accordingly, this was a case where it would be appropriate to set aside the failed care order and substitute an interim care order in favour of the local authority with a stipulation that K be immediately reunited with his father. If the reunion progressed well, the father could apply to discharge the care order.