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Hayley Trim's Analysis: The view from the desk top

Date:27 JAN 2011

Hayley Trim  Family Law PSLThis week I thought I would share with you some brief observations from my recent reading of three judgments.

Re S (a child) (care order: fact finding) [2010] EWCA Civ 1363

There had been concern about the mother who was in prison prop-feeding her baby and in the absence of the prison being able to prove what the local authority adequate safeguards the child was removed. There are two particular points of interest in this judgment given by the President. Firstly the courts should be slow to condemn local authorities and social workers acting in good faith; and secondly the court should focus on the ECHR in applying the test for removal under an interim care order. The President's preferred test therefore incorporates the notion of proportionality - "whether continued removal of the child from the care of her parents is proportionate to the risk of harm to which she...

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