A mother diagnosed with an emotionally unstable personality disorder has won her appeal against care and placement orders for her son. 

Case Background 

The mother, aged 21, endured a traumatic childhood and was receiving support from adult social care and the local mental health team when she became pregnant at 19. Concerns were raised about her ability to care for her newborn son, E, due to domestic violence and her mental health. The local authority started care proceedings, and E was moved to a foster placement. 

Legal Proceedings 

The mother applied for a psychological assessment under the Family Procedure Rules 2010 to evaluate her complex psychological needs and capacity for treatment. The judge found no necessity for a psychological assessment and granted a placement order. The Court of Appeal overturned this decision, citing a clear and identifiable gap in the evidence that impeded a full evaluation of the mother’s ability to meet E’s needs. 

Court of Appeal’s Decision 

The court emphasized that the best person to bring up a child is the natural parent if the child’s health is not in danger. The judge’s decision to forgo a psychological assessment was deemed incorrect, as it prevented adequate analysis of the support needed for the mother to care for E. The care and placement orders were set aside, and the applications were remitted for rehearing by another judge, with provision for a psychological assessment.