R & A (Children)(Care proceedings) [2021] EWFC B76 (10 February 2021)

R & A (Children)(Care proceedings) [2021] EWFC B76 (10 February 2021)

The threshold criteria under section 31 Children Act 1989 are met for both R and A, based on findings of significant harm or risk of harm due to the mother's inability to meet their complex needs, lack of engagement with support, and emotional harm. The welfare of the children requires that R remain in long-term foster care under a final care order, and that A remain with her father pending further assessment, with the mother ruled out as a carer at this time. The court finds that public law orders are necessary and proportionate to safeguard the children's welfare.

Citation
[2021] EWFC B76
Parties
Mother: M; Father: C; Local Authority: London Borough of Ealing; Child (subject): R; Child (subject): A; Children’s Guardian: Ms Annette O’Callaghan
Jurisdiction
England and Wales
Judgment Date
10 February 2021
Procedural Posture
Care Proceedings (public Law) / Final Hearing and Judgment
Outcome
Final care order for R; adjournment for A for further assessment of father's care; mother ruled out as carer for A; contact arrangements to be supervised and reviewed.
Legal Topics
Care Orders, Supervision Orders, Threshold Criteria, Welfare Checklist, Parental Responsibility, Placement of Children, Contact Arrangements
Family Law Child Protection Care Orders Supervision Orders Threshold Criteria Welfare Checklist Parental Responsibility Placement of Children +1 more

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Parties

M

Mother

C

Father

London Borough of Ealing

Local Authority

R

Child (subject)

A

Child (subject)

Ms Annette O’Callaghan

Children’s Guardian

Procedural Posture

Care Proceedings (public Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for R and A
  2. 2 Whether final care orders or supervision orders should be made for R and/or A
  3. 3 Appropriate placement and contact arrangements for R and A

Ratio Decidendi

The threshold criteria under section 31 Children Act 1989 are met for both R and A, based on findings of significant harm or risk of harm due to the mother's inability to meet their complex needs, lack of engagement with support, and emotional harm. The welfare of the children requires that R remain in long-term foster care under a final care order, and that A remain with her father pending further assessment, with the mother ruled out as a carer at this time. The court finds that public law orders are necessary and proportionate to safeguard the children's welfare.

Court Disposition

Final care order for R; adjournment for A for further assessment of father's care; mother ruled out as carer for A; contact arrangements to be supervised and reviewed.

Orders

  • Final care order made for R, placed in long-term foster care.
  • Proceedings for A adjourned for further assessment of father's care.