Boy brings legal test case over decision to put him in care

A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.

The Court of Appeal ruled that the father had a right to know his secret accuser's identity
The Royal Courts of Justice, London. Photo: Alamy

6:04PM GMT 19 Nov 2012

The teenager admitted his mother, who sought to put him into care temporarily when she needed to move abroad for work, could be “difficult” but said he wanted to be returned to her.

However, a family court ruled last year that he should remain in long-term foster care until he was old enough to make his own choices.

Lawyers for the boy, who cannot be named for legal reasons, argued that it was vital for him to feel he had played a part in the decision but he was instead left frustrated that his voice apparently counted for nothing.

His mother engaged in an “inappropriate game of poker” with Carmarthenshire County Council in Wales, hoping he could be put in temporary foster care until she returned form working overseas, the Court of Appeal in London was told.

The council responded by issuing care proceedings, and a family court judge agreed that the boy should remain with a foster family for the long-term.

The judge reached her decision after hearing evidence from social workers and from a specially-appointed guardian acting for the teenager.

She also met the boy privately in her chambers, but he claimed that she did not ask him for his views and argued that her refusal to let him give oral testimony in court did not take enough accounts of his rights under the United Nations Convention on the Rights of the Child.

The youth accepted that his mother could be “stubborn and difficult” but said this was part of her character and stressed that he wanted to return to her.

His lawyers argued the judge adopted an “overly paternalistic approach”, both in failing to listen to his wishes and by refusing to allow him to go back to his mother.

David Blake, counsel for the boy, told the court: "The judge has failed to factor in the cathartic welfare benefit in being heard and knowing that you have done all you reasonably can do to influence your own destiny."

He added: "The young person does have the absolute right to do what they feel is in their best interests, which is having a say in the proceedings which will have a huge impact in their young life."

The judges hearing the case, Lord Justices Ward, Elias and Pitchford, said they would need some time to think about the important points raised and reserved giving their ruling until a later date.

http://www.telegraph.co.uk/news/uknews/law-and-order/9688702/Boy-br...

Views: 11

Add a Comment

You need to be a member of Parents Against Injustice to add comments!

Join Parents Against Injustice

© 2024   Created by Alison J Stevens.   Powered by

Badges  |  Report an Issue  |  Terms of Service