Esther Agamemnon was led by Frances Heaton KC in the Court of Appeal representing the appellant Local Authority in the case of Re A and others (Care Orders at Home) [2025] EWCA Civ 901.
Esther represented the Local Authority at the final hearing concerning 5 children which took place over 9 days. The Local Authority sought removal of all the children from the parents’ care due to allegations of physical harm from the father, the emotional impact upon the children of witnessing and normalising violence and the parents’ continued refusal to engage with Local Authority support.
The judge decided that the appropriate care plans for all the children was to remain at home with the mother, subject to Care Orders. An injunction was made at a later hearing, excluding the father from the family home.
The Local Authority appealed as did the father, both arguing that the judge was wrong to make Care Orders at home, although for different reasons.
The Court of Appeal found it was unlawful for the judge to make final Care Orders in the absence of valid care plans. There should have been an adjournment to allow the Local Authority an opportunity to re-consider its’ position in light of the judge’s welfare decision. It was therefore unnecessary for the Court to determine the individual grounds of appeal raised by the Local Authority and the father.
Interim Care Orders were made and the injunction was replaced with an Exclusion Order. The matter has been remitted for a full re-hearing before a new judge. Esther remains instructed by the Local Authority.
To read the judgement, please click here.
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