J (A Child)(Resolutions Model) (Rev 1) [2021] EWFC 58 (25 June 2021)

J (A Child)(Resolutions Model) (Rev 1) [2021] EWFC 58 (25 June 2021)

The court found that the threshold criteria for a care order were met due to the risk of significant harm arising from the history of inflicted injuries to a sibling, ongoing parental denial, and lifestyle concerns. However, the court determined that Jane's welfare could be protected by a care order with a detailed Resolutions Model safety plan, robust family and professional supervision, and ongoing local authority involvement, making this an exceptional case where a care order is justified despite Jane remaining in her mother's care.

Citation
[2021] EWFC 58
Parties
Applicant Local Authority: Lancashire County Council; First Respondent: Beverley (Mother); Second Respondent: Carl (Father); Third Respondent (a Minor by Her Children's Guardian, Mr Peter Morey): Jane (Child)
Jurisdiction
England and Wales
Judgment Date
25 June 2021
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Care order made for Jane, with plan for her to remain in her mother's care under the Resolutions Model safety plan.
Legal Topics
Care Orders, Threshold Criteria, Resolutions Model, Parental Responsibility, Child Welfare, Risk Assessment
Family Law Child Protection Care Orders Threshold Criteria Resolutions Model Parental Responsibility Child Welfare Risk Assessment

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Parties

Lancashire County Council

Applicant Local Authority

Beverley (Mother)

First Respondent

Carl (Father)

Second Respondent

Jane (Child)

Third Respondent (a Minor by Her Children's Guardian, Mr Peter Morey)

Procedural Posture

Care Proceedings (public Law) / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for Jane
  2. 2 Whether a care order should be made for Jane with a plan for her to remain in her mother's care under the Resolutions Model
  3. 3 Whether the Resolutions Model provides sufficient safeguards for Jane's welfare despite parental denial of previous inflicted injuries

Ratio Decidendi

The court found that the threshold criteria for a care order were met due to the risk of significant harm arising from the history of inflicted injuries to a sibling, ongoing parental denial, and lifestyle concerns. However, the court determined that Jane's welfare could be protected by a care order with a detailed Resolutions Model safety plan, robust family and professional supervision, and ongoing local authority involvement, making this an exceptional case where a care order is justified despite Jane remaining in her mother's care.

Court Disposition

Care order made for Jane, with plan for her to remain in her mother's care under the Resolutions Model safety plan.

Orders

  • Care order granted for Jane under section 31 Children Act 1989.
  • Jane to remain in the care of her mother, Beverley, subject to the Resolutions Model safety plan and ongoing local authority supervision.