The District Court extended interim care orders for two children until 23 October 2012, finding reasonable cause to believe the grounds for the orders continued. The court adjourned the foster carers’ applications under section 43A of the Child Care Act 1991 to the same date and made no final determination on those applications.
The judgment, dated 18 September 2012, concerns two children who were aged 14 and nearly 13. Each had lived with a foster carer since shortly after birth. The foster carers applied for orders under section 43A on 4 July 2012, with the Health Service Executive’s consent to the applications. The HSE later applied for interim care orders and extensions under section 17.
The court heard that the mother had said she wanted the children returned to her care when the section 43A applications were served. Her consultant psychiatrist reported that the mother lacked capacity and told the court she had not been capable of instructing her lawyers as of 14 September. The father did not attend or have legal representation at the hearings described in the judgment. The mother was absent but represented.
The judge said that if the mother’s wish to resume care was expressed with capacity, it could have ended any voluntary care arrangement. If she lacked capacity, the validity of such an arrangement remained in question. The judge found reasonable cause to believe that a previous voluntary care agreement was no longer in existence or valid, but did not decide whether it had been valid from the outset. The judgment said further evidence would be needed for that determination.
On the extension application, the judge concluded that the children’s health, development or welfare was likely to be avoidably impaired or neglected unless an interim care order continued. The apparent stability without an order was not enough to guarantee their continued health, safety and welfare, the judge said, because it depended at best on a voluntary arrangement that could be withdrawn at any time.
The section 43A applications remain live. The judge said it was appropriate for the foster carers to have made them, but left open whether the mother’s consent would be available or whether the parties would seek to proceed without it. The court did not decide the section 43A applications or finally determine the validity of the earlier voluntary care arrangements.