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Helen Scourfield successfully appealed against interim removal on behalf of a family member, with whom the child was placed, and had been for almost two years. The appeal was on the basis that the test for interim removal, confirmed by Jackson LJ in Re C. The Judge of first instance agreed to stay the Order for 24 hours to enable the appellant’s to prepare and lodge the appeal. The stay was extended until Baker LJ granted permission upon considering Skeleton Arguments and grounds of appeal. The appeal was allowed and the Court accepted the position of the Appellants, that was, that the test for Interim Removal had not been met. The Court of Appeal approved an amended Care Plan which provided for the child to remain in the care of the Appellant until final determination. The basis of the appeal was the lack of consideration of mitigation of risk and safety planning, and the impact on the child of removal given the longevity of the placement and the proximity to final determination.  The full judgment can be found here.

 

 

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