The Law Reports (Family Division)
[2018] Fam 303
Family Court
M
v
Carmarthenshire County Council
[2018] EWFC 36
2018 May 22;
June 6
June 6
Mostyn J
Children— Care order— Application to discharge— Mother applying to discharge care order— Local authority opposing application on basis of child’s attachment to foster parents— Test to be applied on discharge application— Whether local authority under positive duty to facilitate reunification of child and his blood family— Whether required to show continuation of care order necessitated by overriding requirement pertaining to child’s best interests— Whether child’s welfare best served if raised by natural parent unless positively shown his physical or moral health would thereby be endangered— Whether care order to be discharged—
Children Act 1989 (c 41), ss 1(3), 31, 39
Evidence— Expert evidence— Admissibility— Children proceedings— Mother applying to discharge care order— Local authority opposing application in reliance on expert evidence in social worker’s report detailing child’s attachment to foster parents— Whether social worker’s report admissible as “expert evidence”— Whether “necessary” to assist the court to resolve proceedings justly— Whether expert evidence properly admitted— Whether applications to adduce such evidence to be determined with utmost rigour—
Children and Families Act 2014 (c 6), s 13(6)