Do parents have rights in the family court
The link is to a recent judgment in which para 10 says:I think it important to remember when one is looking either at the independent assessments by social workers or at applications under section 38(6) of the Act that one needs to be child focused. It is not a question of the mother's right to have a further assessment, it is: would the assessment assist the judge in reaching a conclusion or the right conclusion in relation to the child in question? And on this particular issue it does seem to me that the judge was exercising a discretion and doing so appropriately on all the facts available to him. He thus reached a conclusion which I cannot for myself say in any way is plainly wrong, and since he has based himself on the latest authority on the point and considered the matter carefully, I, speaking for myself, cannot say either that he has erred in law and would dismiss the appeal in relation to a further social worker assessment.
This is a decision of the court of appeal which says that the mother has no right to a further independent assessment. This particular mother has only had assessments done by the local authority or its employees since she gave birth to her 10th child. The court of appeal says that she has no right to an independent assessment.
It is Catch 22.