The requirement in s 78(3) of the Children and Young Persons (Care and Protection) Act 1998 that a Care Plan be made 'as far as possible with the agreement of the parents' requires the Director-General to assess what is 'possible' by reference to the objects of the Act and the circumstances generating the application, not merely the wishes of the parents. Considerable leeway is to be accorded to the Director-General in making this judgment. Even if non-compliance with s 78(3) were established, applying Project Blue Sky, it would not necessarily invalidate a care order made on the basis of the Care Plan, particularly where the parents had the opportunity to contest the proposals in court. The question of the precise consequences of non-compliance with s 78(3) was left open.
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