05 August 2010

(Court of Appeal; Moore-Bick, Richards and Black LJJ; 29 July 2010)

The four children were removed because of a variety of concerns over a long period including neglect and possible assault. The two older boys alleged assault by the father but their accounts had changed and were conflicting.  The interim care orders were refused in respect of the two young children as their safety did not require immediate separation.

The issue was whether the recorder correctly applied the threshold test and wrongly required an immediate risk to the physical safety of the children before making an interim care order.

Held that the recorder correctly applied test in Re L-A and treated the children individually. Must balance the harm that might befall the children in their own home with the harm that might be occasioned by removing them from their home.

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