IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CANTERBURY CROWN COURT
(HIS HONOUR JUDGE W POULTON)
Strand, London WC2
B e f o r e :
MR JUSTICE CRESSWELL
|IN THE MATTER OF|
|O (a child)|
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2HD
Telephone No: 0207-421 4040/0207-404 1400
Fax No: 0207-831 8838
(Official Shorthand Writers to the Court)
MR P FORBES (instructed by Kingsford Flower & Payne, 2 Elwick Road, Ashford, Kent, TN23 1TD) appeared on behalf of the guardian ad litem
MR C WALL (instructed by Bradleys, 19 Castle Street, Dover, Kent, CT16 1PU) appeared on behalf of the respondent
Crown Copyright ©
"... Reactive Depression with Secondary Psychotic Features/Paranoid Psychosis/Schizophrenia and Schizo-affective Disorder - Depressive Type."
"The case calls for a supervision order rather than a care order, except that an order may be needed for some years; probably two or three, perhaps more. The local authority contend that this justifies a care order even if the level of intervention needed is more suited to a supervision order. I thought this point deserved consideration in the Court of Appeal."
"The range of options to be explored would encompass an increased level of service delivery and in the extent of a breakdown in the parenting of O to the extent that he were to become at risk of significant harm [sic], then a temporary foster placement would be found for O, with direct contact with his parents being facilitated on six days each week. This would be for an initial ten-day period to enable a global assessment of need and risk to be undertaken in consultation with the parents."
"I do note that under Article 8 of the Convention both the children and the parents have the right to respect of their family and private life. If the state is to interfere with that there are three requirements. Firstly, that it be in accordance with the law. Secondly, that it be for a legitimate aim, in this case the protection of the welfare and interests of the children. Thirdly, that it be necessary in a democratic society. There is a long line of European Court of Human Rights jurisprudence on that third requirement, which emphasises that the intervention has to be proportionate to the legitimate aim."