Interim Care Order Appeal

The Judge responsible for the granting of the order affirmed that the Local Authority responsible for this matter had failed to intervene when it should have done so in relation to the deteriorating situation of the autistic child. It was decided that although it may be difficult for an autistic child to settle in another home, permitting the child to remain in his family home would be contrary to the protection of the child’s health.

Nevertheless, the Court of Appeal took another stance when it allowed the appeal from the interim care order and affirmed that it was not clear from the evidence that the child was subject to any immediate risk which could warrant his removal from the family home. It was further ascertained that the Judge needed to have considered whether the child would be at risk of emotional distress caused by his removal from the family home. The Court of Appeal was not satisfied that an alternative placement would necessarily cater to the needs of the child. The interim care order was, therefore, substituted and the case is scheduled for rehearing.