O and Y (Children: Care Order) [2019] EWFC B22 (24 May 2019)

O and Y (Children: Care Order) [2019] EWFC B22 (24 May 2019)

The court found that both children had suffered and were at ongoing risk of significant emotional harm and neglect due to the mother’s failure to engage with support services and address her own and the children’s therapeutic needs. The threshold criteria under section 31 Children Act 1989 were met. All reasonable...

Source-derived case information.

Citation
[2019] EWFC B22
Parties
Applicant Local Authority: Hertfordshire County Council; Respondent Mother: M (Mother); Respondent Father: F (Father); Subject Child: O (Child, aged 13); Subject Child: Y (Child, aged 9)
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Care Order Proceedings (public Law) / Final Judgment After Final Hearing
Outcome
Care Orders made for both children; children to be placed in long-term care with specialist carers in separate placements.
Legal Topics
Care Orders, Parental Responsibility, Child Welfare, Domestic Abuse, Learning Disability and Parenting, Threshold Criteria, Welfare Checklist, Human Rights (article 8)
Family Law Child Protection Care Orders Parental Responsibility Child Welfare Domestic Abuse Learning Disability and Parenting Threshold Criteria +2 more

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Parties

Hertfordshire County Council

Applicant Local Authority

M (Mother)

Respondent Mother

F (Father)

Respondent Father

O (Child, aged 13)

Subject Child

Y (Child, aged 9)

Subject Child

Procedural Posture

Care Order Proceedings (public Law) / Final Judgment After Final Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for making Care Orders for both children
  2. 2 Whether it is in the best interests of the children to be removed from their mother's care and placed in long-term care with new carers
  3. 3 Whether the children should be placed together or separately

Ratio Decidendi

The court found that both children had suffered and were at ongoing risk of significant emotional harm and neglect due to the mother’s failure to engage with support services and address her own and the children’s therapeutic needs. The threshold criteria under section 31 Children Act 1989 were met. All reasonable efforts to support the family had been exhausted without meaningful change. The children’s welfare required removal from their mother’s care and placement with specialist carers, with regular sibling contact and limited contact with the parents. The making of Care Orders was necessary and proportionate to safeguard the children’s welfare.

Court Disposition

Care Orders made for both children; children to be placed in long-term care with specialist carers in separate placements.

Orders

  • Care Orders for both children in favour of Hertfordshire County Council
  • Approval of care plans for separate specialist placements for each child