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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> CT & Anor v Bristol City Council & Ors [2007] EWCA Civ 213 (14 March 2007) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2007/213.html Cite as: [2007] 1 FLR 1370, [2007] EWCA Civ 213 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
HHJ TICEHURST
BRISTOL COUNTY COURT
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE WALL
____________________
CT PH |
1st Appellant 2nd Appellant |
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- and - |
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Bristol City Council PL SL & MH |
1stRespondent 2ndRespondent 3rdRespondent |
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L (A Child) and H (A child) |
____________________
WordWave International Ltd
A Merrill Communications Company
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(who was not present)
Charlotte Pitts (instructed by Hoole & Co- Solicitors) for the 2nd Appellant –
(who was not present)
Caroline Budden (instructed by the Local Authority) for the 1st Respondent
The 2nd Respondent was not present and was not represented
Catriona Duthie (instructed by the Guardian's Solicitor) for the 3rd Respondent
Hearing date : 1st March 2007
____________________
Crown Copyright ©
Lord Justice Wall:
Introduction
The history
The context: the report of Dr. Michael Drayton
2.1: I am instructed to carefully consider the bundle of documents enclosed with my letter of instruction and carry out a comprehensive psychological assessment of (the mother) and prepare a psychological report giving an opinion on the following questions:
2.2 A general assessment of her parenting ability, with particular regard as to whether she can prioritise the needs of SL and any other child.
2.3 An assessment of her relationship history, including her current relationship with PH.
2.4 Please advise as to whether she has the capacity to change in her parenting ability, if appropriate and whether such change can be done within a timescale to meet the needs of SL or that of the unborn child.
2.5 Please advise as to what support and/or treatment you would consider necessary. Please comment, in particular, as to whether a residential assessment would be appropriate. (Emphasis supplied)
It is, I think, important to note that Dr. Drayton was specifically instructed to consider the very issue which forms the subject matter of the appeals.
This report will show that (the mother) is a woman functioning in the 'Borderline Learning disability' range of intellectual and cognitive ability (IQ 79). (Her) personality profile indicates that she is a histrionic and somewhat paranoid woman. She had an unsettled childhood characterised by sexual and emotional abuse. This was followed by a history of unstable, violent and stormy close relationships. In my opinion (the mother) probably does have the necessary intellectual abilities and motivation to provide good enough parenting for SA and her unborn child. However, I am less convinced that she possesses the necessary emotional resources to achieve this. I am particularly concerned about the long term stability of her relationship with PH. Any parenting problems are likely to arise as a by-product of domestic conflict rather than any parenting deficits as such. Any risk to SA would arise indirectly from possible conflict in the relationship or breakdown of the relationship. Unfortunately, both partners do have a track record in this respect. I strongly recommend that this family are offered a residential parenting assessment before any firm decisions are made regarding SA's future. (emphasis supplied).
4.2 The documents indicate that (the mother) had a very difficult childhood, characterised by emotional and sexual abuse. There are a number of entries in her medical records that attest to the fact that she was a very emotionally troubled girl. (The mother) informed me that she took an overdose at the age of nine and was also in the care of the Local Authority following the disclosure of sexual abuse.
4.3 The documents go on to suggest that (the mother) grew up into an equally emotionally troubled young woman, at times engaging in self harm and becoming involved in a number of stormy and unstable relationships with men who often perpetrated domestic violence upon her. (The mother) has three other children who are either in the care of the Local Authority or have been freed for adoption. Many of the difficulties with (the mother's) parenting in the past have resulted from her failure to prioritise her children's needs after becoming involved in highly conflictual relationships with unstable and violent men. In the past, the documents suggest that (the mother) has experienced much difficulty in caring for herself in an appropriate manner, let alone being able to care for dependent and vulnerable children.
4.4 This history will be of great concern to the Court because often the best predictor of future behaviour is past behaviour. This is of particular concern when we note that (the mother's) current partner, PH has a similar history to (the mother), of becoming involved in stormy and unstable relationships with psychologically and emotionally vulnerable women.
4.5 I assessed (the mother's) intellectual and cognitive capacity and found her to be functioning at the top end of the Borderline Learning Disability category. (The mother's) verbal and language skills were far better than her practical problem solving skills. This would give her a veneer of social competence that masks her very real difficulty in thinking through stressful situations in a considered and rational manner. This would result in her responding to stressful situations in a somewhat thoughtless and impulsive manner.
4.6 Similarly, formal assessment of her personality indicated that she has strong histrionic and paranoid traits. This again would result in her overreacting to stressful situations in an overly emotional and dramatic fashion. She will also tend to blame others for her problems and resist taking responsibility for her behaviour.
4.7 On a more positive note, it seems that, at first sight, (the mother) is actually involved in a stable and mutually supportive relationship with PH. Given the background of both partners one has to be somewhat guarded about the prognosis of this relationship. Nevertheless, the evidence to date shows that the relationship does seem to be a predominantly positive one.
4.8 I felt that (the mother) did her best to engage with me during the assessment and did her best to cooperate fully. Although she was very nervous I felt that she engaged in the assessment in an open and straight-forward manner. Furthermore, I felt that (the mother) had a reasonable degree of insight into her past difficulties and was able to accept responsibility for her past mistakes in life, and express appropriate remorse for these.
4.9 Bringing these strands together I feel that (the mother's) past history of emotional and sexual abuse will have a significant impact on her current parenting ability. As a child she was provided with few containing experiences. From these experiences she will also have developed a very distorted model of family life and parenting. Because of her experiences she has developed into a woman who has low self esteem and who is overly emotional and attention seeking. Because of this, she seems to have been drawn into relationships with men who have treated her badly. These relationships have often been characterised by domestic violence and instability.
4.10 It is within this context of disturbed adult relationships that the neglect of (the mother's) previous three children occurred. Because (the mother) was preoccupied with the stormy and unstable relationships she has found it difficult to prioritise her children's needs for physical and emotional security above her own emotional neediness.
4.11 Rather like PH, I feel that (the mother's) difficulty in being a parent is not caused by her relationships with her children per se but should be viewed in the context of these disturbed adult relationships. In other words, I feel that if (the mother) and Mr H are able to sustain a stable relationship in the long term then any problems in parenting will be relatively minor. Whether they are able to actually achieve this, only time will tell.
4.12 In my opinion, (the mother) does have the necessary intellectual and cognitive ability, and understanding, needed to prioritise the needs of her children over her own needs. I am less certain whether she has the necessary emotional resources to achieve this. I would strongly advise the Court, before it makes any firm decision, to seek more evidence on the capacity of (the mother) and Mr H to manage conflict and stress within their relationship. I feel that the ideal situation to gather such information would be through a Residential Parenting Assessment, which I recommend below. In my opinion, (the mother) and Mr H have the potential to be viable parents to S and I thus feel that the time and expense of a Residential Parenting Assessment would be warranted.
(Emphasis supplied)
Domestic violence is usually the result of a gradual escalation of verbally aggressive encounters when the couple are stressed. In other words, the verbal aggression, or shouting, described by (the mother) in her relationship with (PH) is perhaps the thin end of the wedge which could escalate into more serious forms of violence.
….. on the whole, the relationship between (the mother) and (PH) is a positive and supportive one. Nevertheless, there is much evidence that would indicate caution as to its prognosis.
I do feel that (the mother) has the necessary intellectual capacity and motivation to change her parenting and provide good enough parenting for SA and her unborn child. However, I feel less convinced that she has the necessary emotional resources to achieve this. Whether (the mother) is able to change, I feel, will be largely dependent on the long term quality of her relationship with PH. If this relationship remains relatively stable and supportive, then I feel that (the mother) does have the ability to change her parenting in a timescale commensurate with SA's needs. I feel that if the relationship becomes unstable then (the mother's) own emotional needs would probably take priority over her children's needs. Again, I feel that before the court make any definite decisions with regard to SA's future further information and evidence from a residential parenting assessment should be requested (Emphasis supplied).
4.23 I would strongly recommend that (the mother and PH) undergo a Residential Parenting Assessment. I feel that this would give professionals involved in the case important information on how well (the mother) manages the practicalities of parenting. However, I feel that more importantly a Residential Parenting Assessment will give professionals and the Court important, if not vital, information on how (the mother's) and PH's relationship bears up under stress. I feel that any serious flaws in their relationship should become apparent in the context of a Residential Assessment. Hopefully, this will not prove to be the case.
4.24 In my opinion if a Residential Parenting Assessment goes ahead, the professionals involved should focus, as I have said, on the quality of the relationship between the parents. (The mother) herself identified that she experiences problems when playing with SA. This also should be a focus of help and intervention for (the mother). In terms of her learning disability, I do not feel that (the mother) would need any specialist services or support to be put in place. However, I do feel that any professionals working with the family should be made aware of (the mother's) difficulties, and how these difficulties are often masked by her good social presentation. I feel other issues that professionals should be explicitly made aware of are (the mother's) impulsiveness, her low self esteem and her tendency to histrionics. (The mother) is a somewhat immature and self centred young woman who is prone to becoming very excitable and perhaps tearful when she is confronted with her problems and with difficulties in general. Therefore, professionals working with the family should adopt an approach that emphasises confidence building and skills enhancing. This is in contrast to a more challenging approach which may suit more robust parents.
Dr Drayton's assessment of PH
This report will show that in my opinion PH is a man functioning in the 'Average' range of intellectual and cognitive ability (IQ 102). PH's personality profile indicates that he is an energetic and extravert man who can experience low tolerance of frustration and impulsivity. He is somewhat cynical and experiences problems being assertive. He had an unsettled background and a history of stormy close relationships. In my opinion PH does have the capacity to provide good-enough parenting for SA and his unborn child. Any problems are likely to arise within the context of his relationship with (the mother), rather than any parenting deficits he may have. Any risk to SA would arise indirectly from possible conflict in the relationship or breakdown of the relationship. Unfortunately, both partners do have a track record in this respect. I do feel that PH can minimise the risk of conflict in the relationship by engaging in psychological therapy to improve his ability to be assertive. I do not feel that he needs a residential parenting assessment as such. However, I do feel that (the mother) should undertake such an assessment, and, as such, PH should participate, so they can be assessed as a couple.
4.27 Some reasons for optimism include the facts that PH is now older and perhaps wiser than when he entered into his previous relationships. He has participated in a number of parenting interventions and a fathers group.
4.28 In the assessment he struck me as a thoughtful and intelligent man with the capacity and motivation to learn from past experience. Personality assessment did not indicate any major risk factors in his personality, although he does tend to suffer with an excess of energy, low frustration tolerance and impulsivity. However, these could be addressed by psychological therapy.
4.44 I feel that in order to minimise any deterioration in the relationship between (the parents) PH would greatly benefit from a short number of sessions of cognitive behaviour therapy (CBT) to specifically address how he handles conflict with (the mother). This therapy should specifically concentrate on improving PH's ability to be assertive in his relationships (as apposed to being passive or aggressive). I do acknowledge that PH probably would not feel terribly motivated to undertake such therapy but nevertheless I do feel that it would be very beneficial to him. In my view, PH would probably need somewhere between six to ten sessions of therapy to achieve progress. This therapy should be available on the NHS, via a referral from his GP. (Emphasis supplied)
4.45 I also feel that it maybe beneficial to (the parents) to engage in a short number of sessions of couple therapy, in order to think through and discuss as a couple, how they handle conflict. Such sessions could be provided at minimal cost by RELATE. (Emphasis supplied) At the very least, I would advise that they sit down for an hour or so with one of the social workers involved in the case (emphasis supplied) to discuss alternative strategies of managing conflict other than by shouting at each other. The professional involved in this would want to emphasise the negative impact of conflict between the couple resulting in shouting would have on SA and (the mother's) unborn child. The professional involved would also wish to emphasise how easily such shouting matches can escalate into something more serious. Also, if (the parents) do engage in a residential parenting assessment I feel that the manner by which they handle conflict with each other should be specifically addressed during this assessment.
4.46 In conclusion, I do feel that PH would benefit from a therapeutic intervention with the goal of increasing his ability to respond to conflict in his relationship with (the mother) in an assertive rather than aggressive manner. I feel that any threat to the wellbeing of SA and (the mother's) unborn child would arise within the context of arguments between the parents and therefore I feel that this risk must be specifically addressed.
The evidence from the Family Resource Unit (FRU)
5.14 The couple clearly showed that they have the ability to think through issues discussed with them about the protection of their children. They were able to make the necessary links between different types of abuse and appeared motivated and engaged to discuss their views and experiences.
5.15 However, it is clear that the couple both minimise the abuse that their children have suffered and (the mother) in particular accepts little or no responsibility for her actions towards her children and minimises her part in what the court papers describe to be severe neglect and emotional abuse.
5.16 It is interesting to note that PH stated that he would "do time" for anyone who has abused children but does not recognise that he and his own partner have perpetrated such abuses upon children and this suggests that he has not fully considered the affects of his and the mother's actions upon children in the past.
5.17 However, such levels of minimisation and lack of responsibility taking does not preclude the couple from coming to (the FRU). They were clearly able to engage in discussion about this and were open to challenging on various issues. They appeared willing to participate and appeared able to work with the structure and format of the sessions that could be undertaken. What is clear is that the couple clearly need to be challenged on their perception on the abuses that they have perpetrated and that each other have carried out, in order to provide protective parenting to SA and their unborn child.
9.1 (The FRU) would be willing to offer a residential assessment of PH and (the mother) as parents. However, this is not without its risks. On that basis we would recommend:
9.2 High levels of monitoring through the day and an overnight monitor for the first two weeks of any placement, to ensure the unborn baby's needs are met and remain the couple's first priority.
9.3 The couple would need to agree to a safety plan being signed prior to the placement starting, in regards to their relationship and keeping their child safe.
9.4 The couple would need to agree to the high levels of monitoring and recognise that this would mean not being able to leave the Unit unaccompanied without staff for at least two weeks and that they cannot 'run' their life as if living in their own home. The couples' priory commitment (sic) would need to be the assessment of their children, first and foremost.
The views of the local authority
10.8 I feel that neither (the mother) or PH are able to address their parenting capacity adequately to be able to offer all of the emotional, physical, developmental and safety needs of SA and M. (The mother) and PH have many emotional needs of their own which I feel they should address with services for their own needs. I consider these needs to be such that the parents would not be able to prioritise the needs of SA and/or M above their own.
The views of the guardian
The viability assessment undertaken by (the FRU) highlights serious concerns and indicates that a very high level of monitoring would be necessary they report the minimisation of the difficulties both adults made of their previous difficulties. These concerns were highlighted at the Child Protection Case Conference I attended on 21 December 2006 in relation to – as then unborn – M. (The mother) – supported by PH denied any responsibility for the neglect that SA had experienced or for the care given to her previous children – blaming previous partners. It was reported to the Conference, via the Probation Service that the couple had invited two friends for Christmas dinner who were both serious sexual offenders both currently on licence and one of whom is subject to a Sexual Offenders Prevention Order. The couple know the nature of t he offences.
The concern about (the mother) and PH are more widespread than their practical parenting ability and I do not think that an assessment by (the FRU) would provide the court with any new information. Therefore I would not support his application.
The professionals' meeting
PF Would you recommend any child being in their care in the community?
DD Currently, not in a million years. It would have to be in a residential setting and closely monitored.
PF Would SA go home before the new baby?
RR No, they need to be put in a position of reasonable stress and if they can get through that it would be fairly encouraging.
JG The question is: do you want children in that situation?
DD I think she has to have that chance if there is to be a reasonable chance of success.
PM It's a tough balancing act.
JG It's very finely balanced about the recommendation.
DD There is a reasonable change (sic) of success. They do co-operate well they do have the cognitive ability and PH probably has the emotional resources as well but (the mother) is very much more fragile.
CR Could (the mother) do it alone?
DD No.
The judgment
58 In my judgement the evidence is clear that the real nature and purpose of the residential assessment at (the FRU) would be an assessment of the parent/s, and therapy or a programme of work to improve the skills of the parents. That is, in consequence of the decision in re: G outside the scope of that which it is permissible to order under s38 (6).
59 As was said in the case of re: G by Lord Scott to come within s38 (6) "the proposed assessment must be an assessment of the child" ([7] page 608).
60 Furthermore at paragraph [71] Baroness Hale said "In many cases, the Local Authority should be able to make its own core assessment and the child's Guardian to make an independent assessment in the interests of the child. Further or other assessments should only be commissioned if they can bring something important to the case which neither the Local Authority nor the Guardian is able to bring".
61 In my judgment this is just such a case. There has been a long history and long involvement of Social Services with the mother and her children. There are serious concerns raised about the nature and quality of PH's past relationships. There are serious concerns about the long-term prognosis and viability of the relationship between (the mother) and PH, and which must be seen in the context of their respective histories so far as past relationships are concerned. The essential nature of the assessment sought by the parents and supported by Dr Drayton would be to test and assess the future strength of the relationship between (the mother) and PH. Whilst of course that would undoubtedly have an impact upon SA and / M, the essential purpose and focus of any such assessment at (the FRU) would be on the parents and their relationship.
62 In my judgment in the light of the authorities such an assessment is outside the scope of s38 (6).
63 Re: C decided that s38 (6) and (7) of the Act are to be broadly construed. Those sections confer jurisdiction on the Court to order or prohibit an assessment which involves the participation of the child and is directed to providing the Court with the material, which in the view of the Court, is required to enable it to reach a proper decision at the final hearing of the application for a full care order. In my judgment such further information is not required in this case.
64 I have given careful consideration to theHuman Rights Act 1998 and the European Convention on Human Rights. Undoubtedly the actions of the Local Authority have an adverse impact upon the parents' and the children's rights to respect for their private and family life and their home. As however was stated in re: G the proposition that the refusal of the court to make a direction for s 38 (6) assessment cannot be accepted as constituting a breach of the child's or parents' Article 8 rights ([24] page 611-612).
In my judgment, these passage display a number of errors which I will address in detail later in this judgment.
The argument for the parents in this court
The case for the local authority in this court
(1) the court had sufficient evidence about the mother and PH's ability to parent in a supportive environment from the daytime parenting assessment;
(2) the court did not require any further evidence of that nature;
(3) the main area of concern in the case was the relationship between the mother and PH;
(4) the real focus of the proposed assessment was the nature and stability of the relationship between the mother and PH;
(5) Dr Drayton's recommendation included a recommendation for therapeutic input for both parents;
(6) the prognosis for the future of the relationship between the mother and PH was uncertain.
The case for the guardian
The statutory provisions
(6) Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment.
(7) A direction under subsection (6) may be to the effect that there is to be—
(a) no such examination or assessment; or
(b) no such examination or assessment unless the court directs otherwise.
(8) A direction under subsection (6) may be—
(a) given when the interim order is made or at any time while it is in force; and
(b) varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.
The authorities
My Lords, I cannot accept this narrow construction of the subsection. The Act should be construed purposively so as to give effect to the underlying intentions of Parliament. As I have sought to demonstrate, the dividing line between the functions of the court on the one hand and the local authority on the other is that a child in interim care is subject to control of the local authority, the court having no power to interfere with the local authority's decisions save in specified cases. The cases where, despite that overall control, the court is to have power to intervene are set out, inter alia, in subs (6) and (7). The purpose of subs (6) is to enable the court to obtain the information necessary for its own decision, notwithstanding the control over the child which in all other respects rests with the local authority. I therefore approach the subsection on the basis that the court is to have such powers to override the views of the local authority as are necessary to enable the court to discharge properly its function of deciding whether or not to accede to the local authority's application to take the child away from its parents by obtaining a care order. To allow the local authority to decide what evidence is to go before the court at the final hearing would be in many cases, including the present, to allow the local authority by administrative decision to preempt the court's judicial decision.
This broad approach is supported by consideration of subs (7) which does not appear to have been drawn to the attention of the Court of Appeal either in Re M (above) or in the present case. Subsection (7) confers on the court the power to prohibit an examination or assessment which the local authority is proposing to make. It is manifestly directed to the type of conduct by social services revealed by the Cleveland Inquiry (Report of the Inquiry into Child Abuse in Cleveland in 1987 (1988) Cm 412), ie repeated interviews and assessments of the child and his parents which are detrimental to the child. This negative control by the court cannot have been intended to be limited to cases where the child, and only the child, is to be assessed. If it is to be fully effective to prevent damage to the child, the power under subs (7) must also extend to cases where it is proposed to assess the relationship between the parents and the child.
Next, it is true that subs (6) and (7) only refer to the assessment "of the child" and not, as is proposed in the present case, a joint assessment of the child and the parents, including the parents' attitude and behaviour towards the child. But it is impossible to assess a young child divorced from his environment. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child. This is shown particularly clearly by cases in which the courts have to decide whether the threshold requirements of s 31 are satisfied because of the harm to the child that is likely to be suffered because the child is beyond parental control. How can the court determine that issue without considering the relationship between the child and the parents? The court has no power to order the parents to take part in any assessment against their wishes, any more than, as the final words of subs (6) show, the court can order the child to do so if the child is capable of making an informed decision. But what the interests of justice require is not a power to compel the parent to take part in such assessment but a power in the court to override the powers over the child which the local authority would otherwise enjoy under the interim care order. If the narrow construction were to be adopted the local authority could simply refuse to allow the child to take part in any assessment with his parents.
In my judgment, therefore, subss (6) and (7) of s 38 of the Act are to be broadly construed. They confer jurisdiction on the court to order or prohibit any assessment which involves the participation of the child and is directed to providing the court with the material which, in the view of the court, is required to enable it to reach a proper decision at the final hearing of the application for a full care order. In exercising its discretion whether to order any particular examination or assessment, the court will take into account the cost of the proposed assessment and the fact that local authorities' resources are notoriously limited.
[10] In Re M, Holman J, after referring to Lord Browne-Wilkinson's conclusions in Re C, said this:
'it does seem to me that both the words of the section and the language of Lord Browne-Wilkinson nevertheless impose some limits on the extent of the court's powers. They are limited to a process that can properly be characterised as assessment rather than treatment, although no doubt all treatment is accompanied by a continuing process of assessment. And they are limited to a process which bona fide involves the participation of the child as an integral part of what is being assessed.'
I agree with the learned judge's analysis.
It is important, however, to bear in mind that Re C was a case in which a very young child had sustained serious injuries while in the care of his parents, injuries that the parents were unable satisfactorily to explain. The issue was whether an assessment of the child and his parents at a residential unit could be directed under s 38(6). The manner in which the respective parents behaved toward the child, particularly in stressful situations, was to be the subject of the proposed in-depth assessment. The focus of the assessment was the parents' behaviour towards the child and Lord Browne-Wilkinson's dicta should be read with that in mind. He cannot be taken to have intended that a direction for an examination or assessment could be made under s 38(6) whenever any information about a parent useful to the court in deciding whether or not to make a final care order could or might thereby be obtained.
I appreciate, of course, that it is not always possible to draw a hard and fast line between information-gathering and service-providing. Some information can only be gathered through the provision of services. It may be necessary to observe the parents looking after the child at close quarters for a short period in order to assess the quality of the child's attachment to the parents, the degree to which the parents have bonded with the child, the current parenting skills of the parents, and their capacity to learn and develop. That is the sort of assessment which was involved in Re C
CONCLUSION
[69] In short, what is directed under s 38(6) must clearly be an examination or assessment of the child, including where appropriate her relationship with her parents, the risk that her parents may present to her, and the ways in which those risks may be avoided or managed, all with a view to enabling the court to make the decisions which it has to make under the Act with the minimum of delay. Any services which are provided for the child and his family must be ancillary to that end. They must not be an end in themselves. In this case, the judge was clearly entitled to reach the conclusion that any further in-patient treatment in the Cassel had gone beyond what fell within his power to order under s 38(6). I would allow this appeal.
[36] The legal issue before us is at first sight a comparatively simple one. In what circumstances may a court direct a local social services authority to pay for a family's admission to the Cassel hospital under s 38(6) of the Children Act 1989?
The judge's approach to the law
The principles underlying the Act
The English rule was evolved against an historical background of conflict between parents over the upbringing of their children. The Convention rule was evolved against an historical background of claims by the state to control the private lives of individuals. Since the last war interference by public authorities with families for the protection of children has greatly increased in this country. In my opinion there is no inconsistency of principle or application between the English rule and the Convention rule. The best person to bring up a child is the natural parent. It matters not whether the parent is wise or foolish, rich or poor, educated or illiterate, provided the child's moral and physical health are not endangered. Public authorities cannot improve on nature. Public authorities exercise a supervisory role and interfere to rescue a child when the parental tie is broken by abuse or separation. In terms of the English rule the court decides whether and to what extent the welfare of the child requires that the child shall be protected against harm caused by the parent, including harm which could be caused by the resumption of parental care after separation has broken the parental tie. In terms of the Convention rule the court decides whether and to what extent the child's health or morals require protection from the parent and whether and to what extent the family life of parent and child has been supplanted by some other relationship which has become the essential family life for the child
Delay
Furthermore, any such assessment would of necessity give rise to considerable and in my judgment unacceptable delay. Such delay would in the context of this case not be purposeful.
Lord Justice Thorpe