H (Care Order : Designated Local Authority) [2016] EWFC 39 (10 June 2016)

H (Care Order : Designated Local Authority) [2016] EWFC 39 (10 June 2016)

Given the ongoing risks posed by the father, the mother's lack of independence, unresolved housing and benefits issues, and the need for continued local authority oversight, care orders are necessary and proportionate to safeguard the children's welfare. The appropriate designated local authority is Leicester City Council, as the children's ordinary residence prior to interim care orders was in Leicester, and subsequent residence in Coventry was under local authority accommodation, which is to be disregarded for designation purposes.

Citation
[2016] EWFC 39
Parties
Applicant Local Authority: Leicester City Council; Mother: MH (the mother); Father: YM (the father); Children: SH, TH, DH, VH (the children); Interested Local Authority: Coventry City Council
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Care Proceedings (public Law Children) / Final Judgment
Outcome
Care orders are necessary and proportionate; supervision orders rejected.
Legal Topics
Care Orders, Supervision Orders, Local Authority Designation, Parental Responsibility, Domestic Violence, Alcohol Abuse, Welfare Checklist, Habitual Residence
Family Law Child Protection Public Law Children Care Orders Supervision Orders Local Authority Designation Parental Responsibility Domestic Violence +3 more

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Parties

Leicester City Council

Applicant Local Authority

MH (the mother)

Mother

YM (the father)

Father

SH, TH, DH, VH (the children)

Children

Coventry City Council

Interested Local Authority

Procedural Posture

Care Proceedings (public Law Children) / Final Judgment

Legal Issues

  1. 1 Whether care orders or supervision orders are appropriate for the children
  2. 2 Which local authority should be designated in the care orders

Ratio Decidendi

Given the ongoing risks posed by the father, the mother's lack of independence, unresolved housing and benefits issues, and the need for continued local authority oversight, care orders are necessary and proportionate to safeguard the children's welfare. The appropriate designated local authority is Leicester City Council, as the children's ordinary residence prior to interim care orders was in Leicester, and subsequent residence in Coventry was under local authority accommodation, which is to be disregarded for designation purposes.

Court Disposition

Care orders are necessary and proportionate; supervision orders rejected.

Orders

  • Case adjourned to 22 June for local authority to reconsider position and file amended care plans or a statement from Head of Service if unwilling to abide by the court's decision.
  • Leicester City Council designated as the local authority in the care orders.