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Re L (a child) and Re H (a child) [2007] EWCA Civ 213
Application for permission to appeal an order that refused a request for a residential asessment of a child under s. 38(6) of the Children Act 1989. Appeal allowed and order set aside.
The local authority had argued that the standard of parenting was so transparently poor that an assessment under s 38(6) would serve no purpose. Wall LJ rejected that argument principally on the grounds that the judge had erred in law as he did not appreciate that the residential assessment is not simply an assessment of the parents but of the family as a whole. It would be unfair not to have that evidence before making any firm decisions on the future of the child.
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Judgment document:
