Edward Kirkwood and Alex Forbes in Re H (A Child: s. 38(6) Assessment) [2023] EWHC 1083 (Fam)


19th May 2023 | News, Cases


Edward Kirkwood represented the local authority and Alex Forbes represented the father in Re H (A Child: s. 38(6) Assessment) [2023] EWHC 1083 (Fam). This case was an application by mother, in care proceedings, for direction that their child join them in a residential placement, for the family to be assessed. Phoenix Futures (the proposed residential assessment) admitted that while they were ‘a family focused drug treatment services‘ they ‘do not provide an independent assessment of a parent/s ability to provide care.‘ The court therefore concluded that the proposed residential assessment did not fall within the terms of s. 38(6) as the focus of the assessment was not the child. 


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