West Sussex County Council v K [2022] EWFC 170 (06 December 2022)

West Sussex County Council v K [2022] EWFC 170 (06 December 2022)

Threshold under section 31(2) Children Act 1989 is met where a parent, through no fault, is wholly incapacitated and unable to provide care or exercise parental responsibility, and no alternative carers are available, resulting in a likelihood of significant harm to the child if an order is not made. Parental blame or past harm is not required.

Citation
[2022] EWFC 170
Parties
Applicant Local Authority: West Sussex County Council; Respondent Mother: Mother (A protected party, by the Official Solicitor); Child: K (the child, through Guardian)
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Care Proceedings (public Law) / Issues Resolution Hearing / Early Final Hearing
Outcome
Care order made in favour of the Local Authority.
Legal Topics
Care Orders, Threshold Criteria, Parental Incapacity, Section 31 Children Act 1989, Article 8 ECHR
Family Law Child Protection Care Orders Threshold Criteria Parental Incapacity Section 31 Children Act 1989 Article 8 ECHR

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Parties

West Sussex County Council

Applicant Local Authority

Mother (A protected party, by the Official Solicitor)

Respondent Mother

K (the child, through Guardian)

Child

Procedural Posture

Care Proceedings (public Law) / Issues Resolution Hearing / Early Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under section 31(2) Children Act 1989 are met where a parent is incapacitated through no fault and unable to provide care or exercise parental responsibility
  2. 2 Whether a care order is appropriate in the absence of parental blame or past harm

Ratio Decidendi

Threshold under section 31(2) Children Act 1989 is met where a parent, through no fault, is wholly incapacitated and unable to provide care or exercise parental responsibility, and no alternative carers are available, resulting in a likelihood of significant harm to the child if an order is not made. Parental blame or past harm is not required.

Court Disposition

Care order made in favour of the Local Authority.

Orders

  • Care order granted for K; Local Authority to share parental responsibility; K to remain in foster placement.