“…ntioned in the judgment – indeed, at one point, the judge referred to “the immediate risk of serious harm” which, as this Court made clear in Re L-A (Children) [2009] EWCA Civ 822, is not the test. Nevertheless, it is unlikely that this very experienced judge was unaware of the test to be applied, especially as he had been expressly remi…”
“…stablished that in these circumstances the guiding principle, as set out the decision of this court in Re L-A (Children) (Care Proceedings: Interim Care Order) [2009] EWCA Civ 822, is whether the children's safety and welfare require their immediate removal. That is a decision which must be made on the basis of a careful appraisal of the…”
“…ding whether the child should be removed under an interim care order, pending determination of an application under s.31 of the Children Act: Re L-A (Children) [2009] EWCA Civ 822. The same test should also apply when a local authority's decision to remove a child placed at home under a care order has led to an application by the parents…”