Court of Appeal rule judge must reconsider plan to remove autistic teenager from care of father
A man has won the latest round of a court fight over the care of his autistic son.
The man, who is separated from the boy’s mother, has cared for the teenager for some years.
But a family court judge has approved a council plan which will see the boy initially placed with foster carers, then moved to his mother’s home.
Court of Appeal judges have upheld the man’s challenge to that decision.
They say a judge based in the Family Division of the High Court in London must reconsider the case.
Lord Justice Floyd, Lord Justice Baker and Lord Justice Arnold said the boy did not want to leave his father’s care and should have the opportunity to make his views known.
They also said his father had not filed evidence.
Social workers intervened after evidence showed that the boy was alienated from his mother, judges heard.
They feared that his feelings about his mother were the result of his father’s undue influence.
Appeal judges, who have outlined their decision in a written ruling after considering evidence at a recent Court of Appeal hearing, have not identified the family involved.
They said a London council had welfare responsibilities for the boy had had drawn up a care plan.
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