​'They tried to make me go to rehab': what to do when the local authority says 'No, no, no'

The steps to be taken by a local authority when they wish to remove a child who has been placed with parents under a care order were considered by the High Court in the recent case of Re DE (A Child) [2014] EWFC 6 [2014] 2 FLR (forthcoming). The decision of Mr Justice Baker has resulted in the guidance he proposed being approved by the President of the Family Division and it is therefore necessary for all family practitioners to be aware of it.

The circumstances of the case

The case concerned an application for permission to appeal the decision of a District Judge not to grant injunctive relief to prevent the removal of a child from the care of his parents pursuant to a full care order with a full hearing to follow if permission was granted.

The subject of the appeal was D a child aged 2 and a half who had lived with his parents since birth. The local authority issued an application for a care order...

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