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Re M (Interim Care Order: Removal) [2006] 1 FLR 1043
Madeleine Reardon acted for the mother in her successful appeal against an interim care order made in respect of the youngest of her 6 children, a girl aged 2. The trial judge, following the Guardian’s recommendation, had made the interim order and approved the care plan for placement in foster care.
Granting the appeal, Thorpe LJ said that the test for an interim order was whether there was a real risk of harm in the short term. The risk in this case was not high enough to justify the order. The trial judge had been influenced by the Guardian’s cautious approach, but this was based on insufficient evidence of risk. The appeal was allowed and the child returned home.
1kbw members who worked on this case:
Judgment document:
