The London Borough of Enfield issued care proceedings in relation to the child shortly after the child’s birth. The concerns were in relation to the mother’s abusive relationship with the baby’s father, poor home conditions and the mother’s inappropriate behaviour at the hospital.
The mother was assessed by a psychologist as having significant cognitive limitations. The mother was placed in a residential unit with the baby but that placement broke down because the mother required prompting for each and every parenting task including to promptly feed the baby. The court made a direction for the mother to have a PAMS parenting assessment in the community but notwithstanding this left open the possibility of the mother applying for a further residential assessment.
There then followed further delay following the father being joined as a party to proceedings and requiring assessment and the assessment of the paternal aunt in Ghana.
There were 17 hearings, dealt with by 9 judges and there had been 33 different advocates who had represented the various parties during the case. At the time of the final hearing the proceedings were in week 131.
The court was critical of the courts, legal professionals and welfare professionals for not complying with Part 12 Family Procedure Rules 2010 and Practice Direction 12A and emphasised the importance of assessments only being directed by the court if they are necessary to determine the case justly. The court was also clear that the law sets out that care proceedings should conclude within 26 weeks and that the court may only grant an extension to the lengthy of the proceedings if such extension is necessary to resolve proceedings justly. Extensions should not be granted routinely and require specific justification. The judge was clear that delay is prejudicial to the welfare of a child.
The proceedings concluded with the judge making an order for the child to be placed with the paternal aunt in Ghana.
The full case can be viewed here:
London Borough of Enfield v E (Unconscionable Delay) [2024] EWFC 183 (12 July 2024) (bailii.org)
Maria Chainani is an associate in the family department specialising in representing parents, children and extended family members in care proceedings and private law children proceedings. Maria is contactable on 01268 240400 mchainani@anthonyking.co.uk
