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Treatment or Therapy? The House of Lords decision in Re G (Interim Care Order: Residential Assessment)

Date:8 MAR 2006

Jonathan Cohen QC and Charles Hale Barristers, 4 Paper Buildings, Temple (counsel for the respondents to the appeal) By now all public law practitioners will be aware of the decision of the House of Lords in Re G (Interim care Order: Residential Assessment) [2005] UKHL 68, [2006] FLR (forthcoming). This article seeks to consider some of the consequences of their Lordships decision. Broadly speaking, the result was the reaffirmation of the line of decisions which drew a distinction between treatment and assessment for the purposes of determining whether an assessment fell within the provisions of s 38(6) of the Children Act 1989. The article recites some of the facts and summarises the House of Lords' conclusions. See April [2006] Fam Law 294 for the full article.

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