P and Q (Minors) (No.3) (Care Orders: Placements at Home), Re [2024] EWFC 154 (28 June 2023)

P and Q (Minors) (No.3) (Care Orders: Placements at Home), Re [2024] EWFC 154 (28 June 2023)

Given the seriousness of the injuries suffered by Q, the ongoing denial and lack of insight by the parents, the high level of risk identified by expert assessments, and the exceptional level of supervision and therapeutic intervention required to manage that risk, a final care order with placement at home is necessary and proportionate for the protection of the children. The threshold for a care order is met, and a supervision order would not provide sufficient safeguards. Ongoing proceedings are not required as the care plan includes robust contingency and review mechanisms.

Citation
[2024] EWFC 154
Parties
Applicant Local Authority: Kirklees Metropolitan Borough Council; Respondent Mother: M (Mother); Respondent Father: F (Father); Subject Child: P (Child, born 2020); Subject Child: Q (Child, born 2022)
Jurisdiction
England and Wales
Judgment Date
28 June 2023
Procedural Posture
Care Proceedings (part IV Children Act 1989) / Final Hearing and Judgment
Outcome
Final care order made placing the children at home with their parents under the local authority's care plan.
Legal Topics
Care Orders, Supervision Orders, Threshold Criteria, Risk Assessment, Therapeutic Intervention, Placement With Parents, Proportionality, Article 8 ECHR
Family Law Child Protection Care Orders Supervision Orders Threshold Criteria Risk Assessment Therapeutic Intervention Placement With Parents +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kirklees Metropolitan Borough Council

Applicant Local Authority

M (Mother)

Respondent Mother

F (Father)

Respondent Father

P (Child, born 2020)

Subject Child

Q (Child, born 2022)

Subject Child

Procedural Posture

Care Proceedings (part IV Children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for a care order or supervision order is met under s.31 Children Act 1989
  2. 2 Whether a final care order with placement at home is necessary and proportionate
  3. 3 Whether ongoing proceedings or adjournment are justified to oversee therapeutic intervention and risk management

Ratio Decidendi

Given the seriousness of the injuries suffered by Q, the ongoing denial and lack of insight by the parents, the high level of risk identified by expert assessments, and the exceptional level of supervision and therapeutic intervention required to manage that risk, a final care order with placement at home is necessary and proportionate for the protection of the children. The threshold for a care order is met, and a supervision order would not provide sufficient safeguards. Ongoing proceedings are not required as the care plan includes robust contingency and review mechanisms.

Court Disposition

Final care order made placing the children at home with their parents under the local authority's care plan.

Orders

  • Final care order under s.31 Children Act 1989 for both children, with placement at home under the local authority's care plan.
  • Implementation of intensive supervision, therapy, and support as set out in the care plan.