Member Login

Extension of special care order was in the best interests of a minor

By: James Cross BL

or click here to request site subscription to search and view all judgments

Court of Appeal dismisses appeal against the decision of the High Court extending a special care order in respect of a minor, on the grounds that the orders made were unquestionably in the best interests of the minor, and all of the statutory preconditions to the making of the order were met.

Childcare – appeal against the decision of the High Court extending a special care order in respect of a minor – background facts - all of the conditions for special care would seem to have been satisfied, but the CFA was slow to move, presumably because of pressure on resources and a shortage of beds - despite the fact that all concerned, including the minor’s mother, were in agreement that special care was warranted, no application was presented before the Court, and in these circumstances, the GAL felt compelled to bring judicial review proceedings - CFA moving an application for an interim special care order - initially struggled to adapt to the special care regime but soon settled – review of special care - need for an onward placement or stepdown facility – statutory architecture – statutory interpretation – adequacy test – risk of harm – alternative care test – necessity test - orders made in the High Court were unquestionably in the best interests of the minor - all of the statutory preconditions to the making of the order were met – appeal dismissed –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Comment

Your email address will not be published.