Legal Update: Handling child care proceedings

The Family Division of the High Court has recently issued two judgments that heavily criticise the conduct of local authorities and practitioners in the handling of child care proceedings. The President of the Family Division, Sir James Munby, in Re: A (A child) (2015) EWFC 11, and Mr Justice Keehan in Northamptonshire County Council v AS and Others (2015) EWHC 199 (Fam), highlighted significant failings in social work practice, case management and conduct of litigation. The judges' cautionary remarks highlight key lessons to be learned in the handling of child care cases.

Background to the cases

In the first case, Darlington Borough Council had issued care proceedings in respect of baby "A" who was born while his mother was serving a prison term. The local authority ruled out placement of the child with his father, citing reasons largely based on the father's perceived immorality, immaturity and dishonesty, including allegations that he had been a member of the English Defence League and the fact that he had accepted a formal caution for having sexual intercourse at the age of 17 with a 13-year-old. Sir Munby rejected the local authority's application on the basis that it had failed to prove there was a real possibility that A would suffer significant harm in his father's care and that adoption was the necessary response.