Linking of proceedings.
Harris, Alexandra Conroy
E (A Child) [2012]
Court of Appeal (Civil Division) Thorpe & Etherton LLJ &
Ryder J
15 March 2012 [2012] EWCA Civ 537
The mother of LM suffered from a borderline personality disorder
that had led to her first three children being removed from her care and
placed for adoption. The evidence showed that she had a very real
possibility of being able to care for LM as a result of a new and
supportive relationship she had formed with T. T had two children who
were the subject of joint residence orders but were living with their
mother. There were difficulties in her care of those girls and T removed
them from their mother's care and placed them with his mother. The
same judge was seized of the private law proceedings concerning T's
daughters and the care proceedings in relation to LM. When she became
aware of the developments in T's family she listed directions
hearings for both cases on the same day. The judge refused to endorse a
consent order that left T's daughters with their grandparents
pending a section 37 report; she had made a joint residence order on the
understanding that if placement with the mother broke down, T would take
over care of his children. The inevitable result of the children living
with T was that he was unable to provide support to LM's
rehabilitation with her mother. The mother argued that the cases should
be consolidated and the prospect of LM's return to her mother be
taken into account when making decisions about T's children.
Held
The judge was fully aware of the circumstances of T's
daughters and had made an order which provided for their placement if
their mother proved unable to offer them suitable care. T was put in a
position where he had to choose between his commitment to his children
and to LM's rehabilitation. The judge was entitled to question
whether he had given his children appropriate priority and it was
notable that there was no appeal against her decision in the private law
proceedings. The judge had given complete and clear explanation of her
reasons for her decision and could not be criticised.
Alexandra Conroy Harris, BAAF's Legal Consultant, prepared
these notes
