Removal of Children at Interim Hearings: Is the Test Now Set Too High?

Darren Howe Barrister One Garden Court Family Law Chambers

It was reported in the media that just 7 days before Baby P's death in August 2007 the local authority had been advised that the threshold test for his removal from the care of his parents had not been met. Given all that is now known about the facts of the Baby P case it is not surprising that there has been heavy criticism in the press not just of the advice that was given but also of the law itself. Has the test for removal of a child from home become that unclear so as to be easily misunderstood with such tragic consequences?

The test to be met by a local authority for the removal of a child from its parents under an interim care order has been developed by case-law and arguably has been raised over time by judicial interpretation. Some might say that the test has now reached a height that was not contemplated when the Children Act 1989 (CA 1989) came into being.

Ryder J gave judgement in...

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