A Father v SBC & Ors

Judgment

The Honourable Mr. Justice Baker :

This appeal raises the question of how the court should determine an application by parents for an injunction under the Human Rights Act 1998 to prevent a local authority removing their child who is living at home under a care order.

Summary of Facts

D was born on 11 th December 2011 and is therefore now aged 2 1/2. His mother was assessed in 2012 as being on the borderline of a mild learning disability. His father was found to have a more significant cognitive impairment, with an IQ of around 50. In the earlier proceedings described below, a psychological assessment concluded that he lacked capacity to conduct litigation. He has, however, managed to function successfully in his adult life, with some assistance from local authority adult social services. He has worked in the same job for over 12 years and has been contributed towards the financial support of the family.

When D was born, the local authority started care proceedings under s.31 of the Children Act 1989 . After he was discharged from hospital, D and his parents underwent a 16-week residential placement in a local authority foster placement which was completed successfully. Afterwards, the family moved into a new home with a package of support from the local authority and other agencies. They have extended family on both sides to whom they are close, and a network of friends. They attend a local church. In the summer of 2012, the parents were married.

At the final hearing of the care proceedings, the local authority’s care plan, dated recorded that D had been in his parents’ care since birth and was settled, happy and developing. It recommended that D remain in their care under a full care order. That order would be subject to review after a year when it was thought it might be appropriate to move to a supervision order. The plan specified the level of professional support to be provided for the family. It further provided that, if the placement broke down, D would move initially to a foster placement. The local authority would then carry out a viability assessment of his maternal grandparents to see if they were able to look after him, although an assessment carried during the care proceedings had concluded that they were not.

The care plan was endorsed by the children’s guardian. In her final report, she indicated that, while she supported what she described as the local authority’s “courageous attempts” to try to enable D to be looked after