G (A Child: Care Order) (Complex Developmental Needs) (No.1) [2023] EWFC 168 (B) (09 October 2023)

G (A Child: Care Order) (Complex Developmental Needs) (No.1) [2023] EWFC 168 (B) (09 October 2023)

The court found that the threshold criteria under section 31(2) of the Children Act 1989 were met based on admitted and proven facts of significant harm and parental failure to meet G’s complex needs. However, the court determined that the evidence before it was insufficient to properly evaluate whether the parents, with appropriate and available support, could adequately care for G. The local authority’s evidence on available support was superficial and incomplete, and the principal experts had not been given a full picture of possible interventions. Given the draconian nature of a final care order and the paramountcy of G’s welfare, the court concluded it could not safely make a final...

Citation
[2023] EWFC 168 (B)
Parties
Applicant Local Authority: Nottinghamshire County Council; Respondent Mother: BE; Respondent Father: LE; Child (respondent): G (A Child)
Jurisdiction
England and Wales
Judgment Date
09 October 2023
Procedural Posture
Care Order (children Act 1989) / Final Hearing and Judgment
Outcome
Adjournment granted; no final care order made at this hearing.
Legal Topics
Care Orders, Children With Disabilities, Threshold Criteria, Welfare Principle, Section 38(6) Assessments, Adjournment, Parental Capacity, State Support for Disabled Children
Family Law Child Protection Care Orders Children With Disabilities Threshold Criteria Welfare Principle Section 38(6) Assessments Adjournment +2 more

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Parties

Nottinghamshire County Council

Applicant Local Authority

BE

Respondent Mother

LE

Respondent Father

G (A Child)

Child (respondent)

Procedural Posture

Care Order (children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether an adjournment of the final hearing is required
  2. 2 Whether assessment of G by placement in his parents' care is necessary and in his best interests
  3. 3 Whether the threshold conditions under section 31(2) of the Children Act 1989 are satisfied

Ratio Decidendi

The court found that the threshold criteria under section 31(2) of the Children Act 1989 were met based on admitted and proven facts of significant harm and parental failure to meet G’s complex needs. However, the court determined that the evidence before it was insufficient to properly evaluate whether the parents, with appropriate and available support, could adequately care for G. The local authority’s evidence on available support was superficial and incomplete, and the principal experts had not been given a full picture of possible interventions. Given the draconian nature of a final care order and the paramountcy of G’s welfare, the court concluded it could not safely make a final...

Court Disposition

Adjournment granted; no final care order made at this hearing.

Orders

  • Proceedings adjourned for further assessment and evidence regarding support available to the family and parental capacity.