‘Arrogant, enthusiastic removers of children’

EH v London Borough of Greenwich and others [2010] EWCA Civ 344; SJ 20 April p4

In allowing a mother’s appeal, setting aside care orders and referring the case back to the judge for a fresh hearing, Wall LJ, the new President of the Family Division, observed: ‘What social workers do not appear to understand is that the public perception of their role and care proceedings is not a happy one. They are perceived by many as the arrogant and the enthusiastic removers of children from their parents into an unsatisfactory care system, and as trampling on the rights of parents and children in the process … Indeed, I find it difficult to believe that in 2010, more than 18 years after the implementation of the Children Act, a local authority can behave in such a manner. Here was a mother who needed and was asking for help to break free from an abusive relationship. She was denied that help abruptly and without explanation. That, in my judgement, is very poor social work practice. If we have learned anything in the past few years it is quite how difficult some women find it to break away from abusive relationships, however rational such a breach would appear to a disinterested outsider.’ The judge said he was conscious of the criticism that social workers are ‘damned if they do and damned if they do not’, but their duties under the Children Act were clear.