G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) (29 November 2023)

G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) (29 November 2023)

The court refused to place G with his parents for further assessment under section 38(6) Children Act 1989, finding that the parents' entrenched deficits in understanding and capacity present a high risk of significant harm to G that cannot be ameliorated by support or assessment in the home. The only realistic welfare option is a care order with placement in Spring Home, despite the ongoing harm of separation, as this is outweighed by the greater harm of attempted reunification. The court found the expert evidence supporting further assessment to be fundamentally flawed and insufficiently analytical. The court made a final care order in favour of the local authority.

Citation
[2023] EWFC 218 (B)
Parties
Applicant Local Authority: Nottinghamshire County Council; Respondent Mother: BE; Respondent Father: LE; Child (respondent): G (A Child)
Jurisdiction
England and Wales
Judgment Date
29 November 2023
Procedural Posture
Care Proceedings (children Act 1989) / Final Hearing and Judgment
Outcome
Final care order granted in favour of the local authority; application for further assessment under section 38(6) Children Act 1989 refused.
Legal Topics
Care Orders, Section 38(6) Assessment, Welfare Checklist, Expert Evidence, Parental Capacity, Complex Developmental Needs
Family Law Child Protection Care Orders Section 38(6) Assessment Welfare Checklist Expert Evidence Parental Capacity Complex Developmental Needs

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Parties

Nottinghamshire County Council

Applicant Local Authority

BE

Respondent Mother

LE

Respondent Father

G (A Child)

Child (respondent)

Procedural Posture

Care Proceedings (children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether an adjournment for further assessment under section 38(6) Children Act 1989 is required
  2. 2 Whether assessment of G by placement in his parents' care is necessary
  3. 3 What are the realistic welfare options for G's future

Ratio Decidendi

The court refused to place G with his parents for further assessment under section 38(6) Children Act 1989, finding that the parents' entrenched deficits in understanding and capacity present a high risk of significant harm to G that cannot be ameliorated by support or assessment in the home. The only realistic welfare option is a care order with placement in Spring Home, despite the ongoing harm of separation, as this is outweighed by the greater harm of attempted reunification. The court found the expert evidence supporting further assessment to be fundamentally flawed and insufficiently analytical. The court made a final care order in favour of the local authority.

Court Disposition

Final care order granted in favour of the local authority; application for further assessment under section 38(6) Children Act 1989 refused.

Orders

  • Final care order made placing G in the care of Nottinghamshire County Council with a plan for accommodation at Spring Home.
  • Application for assessment of G in parents' care under section 38(6) Children Act 1989 refused.