J (A Child)

Judgment

Lord Justice Wall:

This is an appeal brought by leave of Ward LJ against in particular an order made by HHJ Cardinal sitting on 28 August 2009 in the Birmingham County Court.

In the event we are today dealing with two issues and I propose to address them in this judgment in the reverse order to which they were presented to us this afternoon. The first is the classic difficulty which frequently arises in care proceedings whereby the mother of the child in question seeks a further assessment of her capacity to care for a child who is the subject matter of the proceedings and the local authority says “No, we have done all we can. There have been plenty of assessments in the past. This is not a case we really feel we should invite the court to go further on”.

This case exhibits that phenomenon in an acute form because the mother concerned has had a total of ten children. The eldest nine range from the age of about 14 to the child with whom we are today concerned, who was born last year.

The mother was represented in the care proceedings which have been by the local authority. She parted company with her lawyers and has engaged a McKenzie friend, Mrs Haines, who has argued the two points I have identified today. The first point, as I say, is: should there be a further assessment of the mother by an independent social worker? The second point is that, whereas the judge allowed Mrs Haines to argue the social worker assessment point fully by giving her rights of audience to do so, he declined to give her rights of audience to conduct the final hearing on behalf of the mother, Miss Johnson, and it is against that order which Mrs Haines this afternoon seeks to appeal.

Dealing first with the question of the further assessments by an independent social worker, the judge gave what is, I have to say, a full and careful judgment in which he explained why it was that he was not minded to grant that assessment. The position was this: that following his birth, the little boy in question was taken off to a residential assessment centre called Appledore where an assessment was carried out. Mrs Haines criticises it on the basis that it took place over the Christmas period and her client was not given the assistance she should have been given in relation to her care of the child. In any view, the upshot of that assessment was unsuccessful, and following the assessment at the Appledore the local authority took care proceedings. The consequence of those care procee