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1st Jul 2026 | Cases
Alicia Collinson appeared for the applicant local council in A Council v B & Ors [2026] EWFC 164; a case concerning the exceptionally difficult decision whether a medically complex child, who had spent almost his entire life in hospital, should be discharged into his father’s care or placed in specialist foster care under an interim care order.
A local council made an application for an interim care order in respect of a three-year-old child with complex and lifelong medical needs who had spent almost his entire life in hospital despite being medically fit for discharge. The central issue was whether he should be discharged into his father’s care, supported by an extensive medical package, or placed with specialist foster carers.
Granting the interim care order, the court held that the child’s exceptional physical and emotional needs required a level of consistent care that the father, despite his obvious love and commitment, was presently unable to provide. The judge accepted that the father had a close emotional bond with his son but concluded that the risks associated with his health, inconsistent engagement with professionals and inability to meet the child’s highly specialised needs made interim separation both necessary and proportionate.
The judgment emphasised the high threshold required for interim separation whilst highlighting the importance of timely decision-making for children whose discharge from hospital has been significantly delayed.