J (Care Orders) [2018] EWFC B54 (15 May 2018)

J (Care Orders) [2018] EWFC B54 (15 May 2018)

The threshold for care orders under s.31 Children Act 1989 is crossed due to significant harm and risk of harm from parental substance misuse, domestic abuse, and emotional harm. Despite improvements by the mother, the risks remain insufficiently managed and the necessary therapeutic work is incomplete. The children's welfare requires long-term foster care under care orders, as no less interventionist option would safeguard their interests. The wishes and feelings of the children, while important, cannot override the need for protection and stability. The court approves the LA's care plans and makes care orders for all four children.

Citation
[2018] EWFC B54
Parties
Applicant Counsel: Miss S; Respondent Mother Counsel: Mr C; Respondent Father Counsel: Mr P; Respondent Children C and BL Solicitor: Mr D; Respondent Children ML and EL Solicitor (through Cg): Mr A
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Care Proceedings (public Law, S.31 Children Act 1989) / Final Hearing
Outcome
Care orders made for all four children in favour of the local authority; care plans approved.
Legal Topics
Care Orders, Threshold Criteria, Welfare Checklist, Children's Wishes and Feelings, Separate Representation of Children, Domestic Abuse, Substance Misuse, Parental Capacity, Judicial Meetings With Children
Family Law Child Protection Care Orders Threshold Criteria Welfare Checklist Children's Wishes and Feelings Separate Representation of Children Domestic Abuse +3 more

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Parties

Miss S

Applicant Counsel

Mr C

Respondent Mother Counsel

Mr P

Respondent Father Counsel

Mr D

Respondent Children C and BL Solicitor

Mr A

Respondent Children ML and EL Solicitor (through Cg)

Procedural Posture

Care Proceedings (public Law, S.31 Children Act 1989) / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for all four children
  2. 2 Whether care orders are necessary and proportionate for each child
  3. 3 Whether rehabilitation to parental care is safe and in the children's best interests

Ratio Decidendi

The threshold for care orders under s.31 Children Act 1989 is crossed due to significant harm and risk of harm from parental substance misuse, domestic abuse, and emotional harm. Despite improvements by the mother, the risks remain insufficiently managed and the necessary therapeutic work is incomplete. The children's welfare requires long-term foster care under care orders, as no less interventionist option would safeguard their interests. The wishes and feelings of the children, while important, cannot override the need for protection and stability. The court approves the LA's care plans and makes care orders for all four children.

Court Disposition

Care orders made for all four children in favour of the local authority; care plans approved.

Orders

  • Care order for C
  • Care order for ML