SCST v O, A & U V [2018] EWFC B24 (17 May 2018)

SCST v O, A & U V [2018] EWFC B24 (17 May 2018)

EO is unable to safely parent any of the children due to significant deficits in parenting capability and lack of acceptance of findings; immediate teaching required before any child could be cared for by EO. Placement of M and U with their father and J with maternal aunt and uncle under Special Guardianship Order is necessary and proportionate. Contact with EO and RA must remain supervised and at proposed frequencies to safeguard welfare. Adjournment for further assessment would cause unacceptable delay and is not in children's best interests.

Citation
[2018] EWFC B24
Parties
Mother: EO; Father of M and U: JU; Father of J: RA; Applicant/local Authority: SCST (Trust); Children's Guardian: Guardian; Proposed Special Guardians for J: Maternal Aunt and Uncle; Designated Local Authority: London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Care Order and Related Applications / Final Hearing (welfare Determination)
Outcome
Care Orders not made; Child Arrangements Order for M and U to live with JU and partner; Special Guardianship Order for J to maternal aunt and uncle; Supervision Orders for M, U, and J for 12 months; London Borough of Hillingdon designated as supervising authority.
Legal Topics
Care Orders, Special Guardianship Orders, Child Arrangements Orders, Supervision Orders, Welfare Checklist, Parental Responsibility
Family Law Child Protection Care Orders Special Guardianship Orders Child Arrangements Orders Supervision Orders Welfare Checklist Parental Responsibility

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Parties

EO

Mother

JU

Father of M and U

RA

Father of J

SCST (Trust)

Applicant/local Authority

Guardian

Children's Guardian

Maternal Aunt and Uncle

Proposed Special Guardians for J

London Borough of Hillingdon

Designated Local Authority

Procedural Posture

Care Order and Related Applications / Final Hearing (welfare Determination)

Legal Issues

  1. 1 Whether M and U should live with their father under a Child Arrangements Order
  2. 2 Whether J should be placed with maternal aunt and uncle under a Special Guardianship Order
  3. 3 Whether EO can safely parent any of the children

Ratio Decidendi

EO is unable to safely parent any of the children due to significant deficits in parenting capability and lack of acceptance of findings; immediate teaching required before any child could be cared for by EO. Placement of M and U with their father and J with maternal aunt and uncle under Special Guardianship Order is necessary and proportionate. Contact with EO and RA must remain supervised and at proposed frequencies to safeguard welfare. Adjournment for further assessment would cause unacceptable delay and is not in children's best interests.

Court Disposition

Care Orders not made; Child Arrangements Order for M and U to live with JU and partner; Special Guardianship Order for J to maternal aunt and uncle; Supervision Orders for M, U, and J for 12 months; London Borough of Hillingdon designated as supervising authority.

Orders

  • Child Arrangements Order for M and U to live with JU and partner
  • Special Guardianship Order for J to maternal aunt and uncle