London Borough of Haringey v Q & Ors [2023] EWFC 314 (B) (20 January 2023)

London Borough of Haringey v Q & Ors [2023] EWFC 314 (B) (20 January 2023)

Threshold criteria under s.31 Children Act 1989 are met due to mother's mental health, learning difficulties, and substance misuse, posing risk of significant harm to child. However, adoption is not justified as 'nothing else will do'; father can provide safe care with supervision order and support, and risks are manageable. Child's welfare is best served by placement with father under supervision order.

Citation
[2023] EWFC 314 (B)
Parties
Applicant Local Authority: London Borough of Haringey; Respondent Mother: Q (Mother); Respondent Father: Father; Child, Represented by Guardian: Joe (Child, anonymised)
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Final Judgment
Outcome
Application for placement order refused; care order not made; supervision order in favour of London Borough of Enfield granted; child to live with father.
Legal Topics
Care Orders, Supervision Orders, Adoption, Threshold Criteria, Substance Misuse, Mental Health, Parental Capacity, Domestic Abuse
Family Law Child Protection Care Orders Supervision Orders Adoption Threshold Criteria Substance Misuse Mental Health +2 more

Case Brief

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Parties

London Borough of Haringey

Applicant Local Authority

Q (Mother)

Respondent Mother

Father

Respondent Father

Joe (Child, anonymised)

Child, Represented by Guardian

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met
  2. 2 Whether adoption, care order, or supervision order is in child's best interests
  3. 3 Assessment of parental capacity and risk

Ratio Decidendi

Threshold criteria under s.31 Children Act 1989 are met due to mother's mental health, learning difficulties, and substance misuse, posing risk of significant harm to child. However, adoption is not justified as 'nothing else will do'; father can provide safe care with supervision order and support, and risks are manageable. Child's welfare is best served by placement with father under supervision order.

Court Disposition

Application for placement order refused; care order not made; supervision order in favour of London Borough of Enfield granted; child to live with father.

Orders

  • Supervision order in favour of London Borough of Enfield
  • Child to reside with father