So:
-Mum has 10 kids under the age of 14.
-Mum has multiple previous assessments on file from social services, including psychologist & psychiatrist's reports regarding previous concerns for her other children wrt. her ability to provide proper care, stretching back a number of years.
-Following his birth, LJ (child the LA would like to see fostered & adopted) & Mum were taken to the Appledore centre, just outside Birmingham for a residential assessment of her parenting skills. (I think this was a six week assessment, but can't find my source now.)
-This ended with the conclusion that her parenting skills weren't up to the job, and that LJ should be taken into local authority care, with a view to adoption. This was disputed, on the grounds that the assessment took place over the Christmas period, and Mum was not given the assistance she should have been.
-Mum appealed this decision & took it to the Court of Appeal, 'parting company' with her solicitors on the way, and appointing a Mrs Haines as a Mckenzie friend.
The Children Act states that all actions taken by an LA must be in the best interests of the child at hand. With this in mind, given mother evidently has a long history of involvement with her LA, and a lengthy and involved case history, having yet another assessment would:-
a: be unlikely to come to any new conclusions regarding her ability to parent.
b: even if it did, would be outweighed by the numerous reports to the contrary.
c: would leave LJ in the care of this woman for the duration of the assessment.
I also notice Judge Justice Wall cites a report from an organisation called the FSU, "Investing in families" which "runs to a number of pages and in common with the other reports before us comes sadly to the conclusion that this mother is not in a position to properly care for her children." The FSU was a charity that collapsed in April 2006, evidence that concerns about this family have been ongoing for at least four years. This also indicates that the assessment that this woman was not capable of looking after all her children was independently arrived at by both charity and LA workers.
According to the charity profile "fsu supports 13,000 families at risk of breakdown a year, in areas of significant social and economic disadvantage across the UK. fsu enables families to raise safe, happy children through parenting skills training, counselling, education/employment support and community inclusion work."
I suspect FSU saw a lot of borderline families, and if they say you're not in a position to properly care for your children then, (after four years and the addition of several new children) you probably aren't.