FAMILY DIVISION
Strand London WC2A 2LL |
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B e f o r e :
(In Private)
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Re Z (Care Proceedings: Surrogacy) |
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The First Respondent was neither present nor represented.
MR M. KINGERLEY QC appeared on behalf of the Second Respondent.
MR TAMBER appeared on behalf of the Third Respondent, by her Children's Guardian.
MR A. POWELL appeared on behalf of the Fourth Respondent.
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Crown Copyright ©
MRS JUSTICE GWYNNETH KNOWLES:
"As identified by Hedley J in the Redbridge case, applications to withdraw care proceedings will fall into two categories. In the first, the local authority will be unable to satisfy the threshold criteria for making a care or supervision order under s.31(2) of the Act. In such cases, the application must succeed. But for cases to fall into this first category, the inability to satisfy the criteria must, in the words of Cobb J in Re J, A, M and X (Children) be 'obvious'."
"In the second category, there will be cases where on the evidence it is possible for the local authority to satisfy the threshold criteria. In those circumstances, an application to withdraw the proceedings must be determined by considering [firstly] whether withdrawal of the care proceedings will promote or conflict with the welfare for the child concerned, and [secondly] the overriding objective under the Family Procedure Rules."
"Lies, however disgraceful and dispiriting, must be strictly assessed for their likely effect on the child, and the same can be said for disobedience to authority. In some cases, the conclusion will simply be that the child unfortunately has dishonest or disobedient parents. In others, parental dishonesty and inability to cooperate with authority may decisively affect the welfare assessment. But in all cases the link between lies and welfare must be spelled out."
CD's behaviour has to be seen in the context of CD' subsequent engagement with the local authority and with this court.
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