Neath Port Talbot CBC v B & Ors [2014] EWCC B24 (Fam) (28 February 2014)

Neath Port Talbot CBC v B & Ors [2014] EWCC B24 (Fam) (28 February 2014)

Given the unchanged and ongoing risk posed by the mother's psychological functioning, her lack of insight, and the inability of the extended family to provide a protective framework, only a Care Order—enabling the Local Authority to share parental responsibility—will sufficiently protect child A. Neither a Supervision Order nor no order would provide adequate safeguards or allow for effective risk management.

Citation
[2014] EWCC B24 (Fam)
Parties
Local Authority: Neath and Port Talbot CBC; Mother: B; Father: C; Paternal Grandparents: Mr D and Mrs E; Child: A (through Children's Guardian Elin Elias)
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Care Proceedings / Remitted to Family Court After Court of Appeal Decision
Outcome
Care Order made in favour of the Local Authority for child A to remain with her mother, with the Local Authority sharing parental responsibility.
Legal Topics
Care Orders, Supervision Orders, Parental Responsibility, Welfare of the Child, Risk Management, Contact Arrangements
Family Law Child Protection Care Orders Supervision Orders Parental Responsibility Welfare of the Child Risk Management Contact Arrangements

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Parties

Neath and Port Talbot CBC

Local Authority

B

Mother

C

Father

Mr D and Mrs E

Paternal Grandparents

A (through Children's Guardian Elin Elias)

Child

Procedural Posture

Care Proceedings / Remitted to Family Court After Court of Appeal Decision

Legal Issues

  1. 1 Whether a Care Order or Supervision Order is necessary and proportionate for the welfare and protection of child A
  2. 2 Whether the risk posed by the mother has changed since previous findings
  3. 3 Whether the Local Authority's failures in risk management affect the appropriate order

Ratio Decidendi

Given the unchanged and ongoing risk posed by the mother's psychological functioning, her lack of insight, and the inability of the extended family to provide a protective framework, only a Care Order—enabling the Local Authority to share parental responsibility—will sufficiently protect child A. Neither a Supervision Order nor no order would provide adequate safeguards or allow for effective risk management.

Court Disposition

Care Order made in favour of the Local Authority for child A to remain with her mother, with the Local Authority sharing parental responsibility.

Orders

  • Care Order granted for child A.
  • No s34 Order made regarding contact, pending assessment.