Y (A Child) & Anor, Re

Y (A Child) & Anor, Re

The mother is unable to meet the needs of H due to her cognitive, psychological, and parenting difficulties, which have not improved despite extensive support. H has suffered and is at risk of further significant emotional harm. No protective or supportive measures would enable the mother to provide adequate care. Removal into foster care is necessary and proportionate to safeguard H's welfare. The threshold for care orders is met for both children.

Parties
Applicant / Local Authority: Birmingham City Council; Respondent / Mother: M (Mother); Subject Child: H (a child); Subject Child: Y (a child)
Jurisdiction
England and Wales
Judgment Date
27 February 2023
Procedural Posture
Care Proceedings Under Children Act 1989 / Final Judgment on Care Orders
Outcome
Care orders granted for H and Y. H to be removed from her mother's care and placed in foster care. Care plan approved.
Legal Topics
Care Orders, Parental Responsibility, Welfare of the Child, Removal Into Foster Care, Threshold Criteria
Family Law Child Protection Care Orders Parental Responsibility Welfare of the Child Removal Into Foster Care Threshold Criteria

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Parties

Birmingham City Council

Applicant / Local Authority

M (Mother)

Respondent / Mother

H (a child)

Subject Child

Y (a child)

Subject Child

Procedural Posture

Care Proceedings Under Children Act 1989 / Final Judgment on Care Orders

Legal Issues

  1. 1 Whether the threshold for care orders under s.31 Children Act 1989 is met for H and Y
  2. 2 Whether H should be removed from her mother's care and placed in foster care
  3. 3 Whether the mother is capable of meeting the needs of H and Y

Ratio Decidendi

The mother is unable to meet the needs of H due to her cognitive, psychological, and parenting difficulties, which have not improved despite extensive support. H has suffered and is at risk of further significant emotional harm. No protective or supportive measures would enable the mother to provide adequate care. Removal into foster care is necessary and proportionate to safeguard H's welfare. The threshold for care orders is met for both children.

Court Disposition

Care orders granted for H and Y. H to be removed from her mother's care and placed in foster care. Care plan approved.

Orders

  • Care order for H
  • Care order for Y