ON APPEAL FROM COVENTRY COUNTY COURT
(HIS HONOUR JUDGE BELLAMY)
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
MRS JUSTICE BARON
|IN THE MATTER OF S (a Child)|
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Ms Lorna Meyer QC (instructed by Moore & Tibbits) appeared on behalf of the Mother.
Mr John Vater (instructed by Warwickshire County Council) appeared on behalf of the local authority.
Ms Alison Ball QC and Mr Oliver Peirson (instructed by Morrisons) appeared on behalf of the Respondent, the Father.
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Lord Justice Thorpe:
"I noted the submission by Miss Meyer based on Article 5. This is not the place for a learned discourse on the interpretation on Article 5. I only have Miss Meyer's written submissions on the point. It is a point not taken either by the guardian or the local authority. It is, though, appropriate to make the point, though not acknowledged in Ms Meyer's submissions, that [A] also has rights under Article 8 and it is those rights that lie at the heart of the order I made on 4 January."
"If … A fails to cooperate, and he needs to go to his father, we would stand back and allow the Tipstaff to do that. We have made it clear that we are prepared to use force to take him to foster carers."
So those statements indicate the local authority's clear commitment to the implementation of this order, using the Tipstaff if necessary.
Order: Appeal allowed.