London Borough of Lewisham v A & Anor [2025] EWFC 44 (B) (29 January 2025)

London Borough of Lewisham v A & Anor [2025] EWFC 44 (B) (29 January 2025)

The threshold for significant harm under s.31(2) Children Act 1989 was met and agreed by all parties. The parents are unable to meet the children's needs now or in the foreseeable future due to ongoing mental health, substance misuse, and safeguarding concerns. No realistic support package or family alternative exists. The welfare of the children requires final care orders and continuation in their current placements. Contact arrangements are agreed and do not require a court order.

Citation
[2025] EWFC 44 (B)
Parties
Local Authority: London Borough of Lewisham; Mother: Ms A; Father: Mr B; Children (by Children's Guardian): D, E, and F (children)
Jurisdiction
England and Wales
Judgment Date
29 January 2025
Procedural Posture
Care Proceedings (section 31(1) Children Act 1989) / Final Hearing, Judgment on Day 3
Outcome
Final care orders made for all three children as sought by the Local Authority.
Legal Topics
Care Orders, Threshold Criteria, Welfare Checklist, Parental Responsibility, Contact Arrangements
Family Law Child Protection Care Orders Threshold Criteria Welfare Checklist Parental Responsibility Contact Arrangements

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Parties

London Borough of Lewisham

Local Authority

Ms A

Mother

Mr B

Father

D, E, and F (children)

Children (by Children's Guardian)

Procedural Posture

Care Proceedings (section 31(1) Children Act 1989) / Final Hearing, Judgment on Day 3

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for care orders
  2. 2 Whether final care orders are necessary and proportionate for the welfare of the children
  3. 3 Appropriate arrangements for contact between children and parents

Ratio Decidendi

The threshold for significant harm under s.31(2) Children Act 1989 was met and agreed by all parties. The parents are unable to meet the children's needs now or in the foreseeable future due to ongoing mental health, substance misuse, and safeguarding concerns. No realistic support package or family alternative exists. The welfare of the children requires final care orders and continuation in their current placements. Contact arrangements are agreed and do not require a court order.

Court Disposition

Final care orders made for all three children as sought by the Local Authority.

Orders

  • Final care orders for F, D, and E; children to remain in current foster/residential placements.
  • Contact arrangements as per agreed plan; no specific contact order made.