Case highlights need to balance welfare considerations, says Rosalyn Akar Grams, head of legal practice at Coram Children’s Legal Centre.
Local authorities face a delicate balancing exercise when considering interim separation. Picture: Posed by models
Local authorities face a delicate balancing exercise when considering interim separation. Picture: Posed by models

In a significant decision, dismissing an appeal against the return of a baby to her mother, the Court of Appeal emphasises that separation under an interim care order will only be justified where it is both necessary and proportionate and gives considerable deference to the “most anxious” decision making of the lower courts.

The case concerns a baby, Rosie’s* placement with her mother in a residential unit following an interim care order. Liverpool City Council began planning for Rosie’s care before her birth because of her mother’s “longstanding drug addiction, her chaotic lifestyle and a potentially abusive relationship” with Rosie’s father. Her two older children were no longer in her care. Rosie experienced drug withdrawal symptoms for the first four weeks of her life as a result of her mother’s use of hard drugs.

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