Hillingdon Council v SM & Ors

Hillingdon Council v SM & Ors

Given the grave risk to the mother if traced, the court dispensed with service on her while retaining her as a party. SK was habitually resident in the jurisdiction by the time proceedings were issued due to his integration in foster care and local life. The threshold criteria for a care order were met as there was no one to exercise parental responsibility, risking significant harm to SK. A final care order was necessary and proportionate to secure SK’s welfare.

Parties
Applicant Local Authority: Hillingdon Council; Respondents (including Child SK and Mother): SM and others; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
14 July 2016
Procedural Posture
Care Order Application (child Protection) / Final Judgment
Outcome
Final care order granted in favour of the Local Authority.
Legal Topics
Care Orders, Habitual Residence, Parental Responsibility, Welfare of the Child, Dispensing With Service, Asylum Seeking Children
Family Law Child Protection Immigration Care Orders Habitual Residence Parental Responsibility Welfare of the Child Dispensing With Service +1 more

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Parties

Hillingdon Council

Applicant Local Authority

SM and others

Respondents (including Child SK and Mother)

Children’s Guardian

Children's Guardian

Procedural Posture

Care Order Application (child Protection) / Final Judgment

Legal Issues

  1. 1 Whether to dispense with service on the mother due to risk to her safety
  2. 2 Whether SK was habitually resident in the jurisdiction at the time proceedings were issued
  3. 3 Whether threshold criteria for a care order are met

Ratio Decidendi

Given the grave risk to the mother if traced, the court dispensed with service on her while retaining her as a party. SK was habitually resident in the jurisdiction by the time proceedings were issued due to his integration in foster care and local life. The threshold criteria for a care order were met as there was no one to exercise parental responsibility, risking significant harm to SK. A final care order was necessary and proportionate to secure SK’s welfare.

Court Disposition

Final care order granted in favour of the Local Authority.

Orders

  • Final care order made for SK in favour of Hillingdon Council.
  • Service on the mother dispensed with due to exceptional risk, but she remains a party.