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Interim removal of child

Litigation Letter

Interim removal of child

L-A (children) [2009] EWCA Civ 822; SJ 8 December p30

The local authority sought to remove the children from the family home in favour of a placement in foster care while the proceedings continued to final disposal. The trial judge believed that the local authority should share parental responsibility of the children but not that the children should be removed and that this could be achieved by an interim care order based on the local authority amending the care plan. The Court of Appeal believed that the trial judge had based his decision on the basis that there must be an imminent risk of really serious harm to justify removal. The judge was wrong to think that there should be an imminent risk of really serious harm that prevented him from doing what he instinctively felt the welfare of the children required. The appeal was allowed. The court gave the following useful summary of the key propositions:

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