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Child protection: Guidelines issued after council fined

A High Court judge has laid down guidelines to prevent miscarriages of justice after he ordered a local authority to pay 500,000 for wrongly taking a girl into care.

Mr Justice McFarlane refused to name the local authority but was highlycritical of their decision. He said every element of the informationused to seek an emergency protection order was "misleading, incompleteor wrong".

His guidelines state that the court should see copies of the minutesfrom the most recent case conference before issuing an emergencyprotection order. If this had happened in this case the court would haveseen that the local authority had concluded there were no neglect issuesand that it would be detrimental to separate the girl from hermother.

The judge also recommended that cases of emotional abuse should rarely,if ever, warrant an emergency protection order.

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