West Sussex County Council v K

West Sussex County Council v K

Threshold under section 31(2) Children Act 1989 is met where, due to the mother's catastrophic brain injury, she is wholly unable to provide care or exercise parental responsibility, and no alternative carers are available, making it highly likely the child would suffer significant harm if an order were not made. Parental blame is not required; the statutory test is causation, not fault.

Parties
Applicant Local Authority: West Sussex County Council; Child: K; Respondent Mother: Mother (A protected party, by the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Care Proceedings (public Law) / Final Hearing / Judgment on Threshold and Welfare
Outcome
Care order made
Legal Topics
Care Orders, Threshold Criteria, Parental Incapacity, State Intervention, Article 8 ECHR
Family Law Child Protection Care Orders Threshold Criteria Parental Incapacity State Intervention Article 8 ECHR

Case Brief

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Parties

West Sussex County Council

Applicant Local Authority

K

Child

Mother (A protected party, by the Official Solicitor)

Respondent Mother

Procedural Posture

Care Proceedings (public Law) / Final Hearing / Judgment on Threshold and Welfare

Legal Issues

  1. 1 Whether the threshold for making a care order under section 31(2) Children Act 1989 is met where a parent is wholly incapacitated through no fault of their own and unable to provide care or exercise parental responsibility; whether such a finding requires parental blame; whether state intervention is justified in these circumstances.

Ratio Decidendi

Threshold under section 31(2) Children Act 1989 is met where, due to the mother's catastrophic brain injury, she is wholly unable to provide care or exercise parental responsibility, and no alternative carers are available, making it highly likely the child would suffer significant harm if an order were not made. Parental blame is not required; the statutory test is causation, not fault.

Court Disposition

Care order made

Orders

  • Care order in favour of West Sussex County Council in respect of K