COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM Leicestershire County Court
His Honour Judge Jenkins
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE RIX
| 1. MG
|1. A Local Authority
3. RG (by the Children's Guardian)
4. A City Council
Kate Tompkins (instructed by Dodds & Partners) for the Second Appellant
Amanda Barrington-Smyth (instructed by A Local Authority) for the First Respondent
Brendan Roche (instructed by Cartwright King) for the Second Respondent
Barbara Connolly QC (instructed by Quality Solicitors Wilson Browne) for the Third Respondent
William Tyler (instructed by A City Council) for the Fourth Respondent
Hearing date: 16th June 2011
Crown Copyright ©
Sir Nicholas Wall P.
"…… Various authorities were produced to me dealing with the appropriateness of the approval of care plans, the placement of the children with members of the family and about the removal of the children from a parent during the course of interim hearings, but this is not such a situation as is envisaged by these authorities. The unusual circumstances of this case are in effect that were there an appropriate care plan which the court could approve the court has had a full hearing of the matter and is approaching the resolution of the matter. Furthermore, the court needs after such a long delay and where the children's lives have been severely disrupted by continual change , the court needs to reach a situation where care orders can be made and the management of the case entrusted to a local authority without the local authority managing the case being subject to a series of delayed hearings and continual change. The local authority needs to be able to react to change in a way which is appropriate rather than the matter having to be submitted to the court".
"40. Interim care orders are inevitable but, in making interim care orders, I now approve the care plan of the local authority and, in the particular circumstances of this case, it seems to me appropriate for them to say that the local authority must deal with the placement, as a final hearing approaches, as they think appropriate. The court obviously has a continuing and vital role in the approval of a final care plan but that needs to be achieved as soon as it possibly can."
What should we do?