K & Ors (Children), Re [2011] EWHC 4031 (Fam) (14 December 2011)

K & Ors (Children), Re [2011] EWHC 4031 (Fam) (14 December 2011)

Given the unique circumstances, the high level of agreement between parties, and the absence of ongoing welfare concerns that would justify care orders, the court grants leave to withdraw care proceedings in respect of all five children. To maintain a legal structure and accountability, Alec, Alice, and Zac are made wards of court until further order, with scheduled reviews and agreements attached to the order.

Citation
[2011] EWHC 4031 (Fam)
Parties
Applicant Local Authority: Leeds City Council; Mother: Mrs K; Father: Mr K; Children (subjects of Proceedings): Simon, Alec, Susan, Alice, Zac (Children)
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Judgment Following Issue Resolution Hearing; Application for Withdrawal of Proceedings and Wardship
Outcome
Leave granted to withdraw care proceedings; Alec, Alice, and Zac made wards of court until further order.
Legal Topics
Care Proceedings, Wardship, Disabled Children, Parental Responsibility, Local Authority Duties, Children Act 1989
Family Law Child Protection Care Proceedings Wardship Disabled Children Parental Responsibility Local Authority Duties Children Act 1989

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Parties

Leeds City Council

Applicant Local Authority

Mrs K

Mother

Mr K

Father

Simon, Alec, Susan, Alice, Zac (Children)

Children (subjects of Proceedings)

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Judgment Following Issue Resolution Hearing; Application for Withdrawal of Proceedings and Wardship

Legal Issues

  1. 1 Whether care orders should be made in respect of Alec, Alice, and Zac under Part IV Children Act 1989
  2. 2 Whether threshold criteria under section 31(2) Children Act 1989 are met
  3. 3 Whether proceedings should be withdrawn in respect of all children

Ratio Decidendi

Given the unique circumstances, the high level of agreement between parties, and the absence of ongoing welfare concerns that would justify care orders, the court grants leave to withdraw care proceedings in respect of all five children. To maintain a legal structure and accountability, Alec, Alice, and Zac are made wards of court until further order, with scheduled reviews and agreements attached to the order.

Court Disposition

Leave granted to withdraw care proceedings; Alec, Alice, and Zac made wards of court until further order.

Orders

  • Care proceedings under Part IV Children Act 1989 withdrawn in respect of all five children.
  • Alec, Alice, and Zac made wards of court until further order.