MP (Care Proceedings) [2014] EWFC B151 (21 November 2014)

MP (Care Proceedings) [2014] EWFC B151 (21 November 2014)

EM and AP, despite some progress, lack the necessary insight and capacity to meet MP's needs outside a highly supported environment; their parenting would likely revert to the neglectful standard previously found harmful. The evidence supports that only a special guardianship order to LP and CJ will meet MP's welfare needs.

Citation
[2014] EWFC B151
Parties
Mother: EM; Father: AP; Child: MP; Paternal Aunt: LP; Aunt's Partner: CJ; Local Authority: Cornwall Council; Cafcass Guardian: Mike Coleman
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Special guardianship order granted in favour of LP and CJ; EM and AP not to have care of MP.
Legal Topics
Care Proceedings, Special Guardianship, Parental Capacity, Welfare Checklist, Children Act 1989
Family Law Child Protection Care Proceedings Special Guardianship Parental Capacity Welfare Checklist Children Act 1989

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

EM

Mother

AP

Father

MP

Child

LP

Paternal Aunt

CJ

Aunt's Partner

Cornwall Council

Local Authority

Mike Coleman

Cafcass Guardian

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether EM and AP can meet MP's needs to the legal standard required for parenting
  2. 2 Whether a special guardianship order should be made in favour of LP and CJ

Ratio Decidendi

EM and AP, despite some progress, lack the necessary insight and capacity to meet MP's needs outside a highly supported environment; their parenting would likely revert to the neglectful standard previously found harmful. The evidence supports that only a special guardianship order to LP and CJ will meet MP's welfare needs.

Court Disposition

Special guardianship order granted in favour of LP and CJ; EM and AP not to have care of MP.

Orders

  • Special guardianship order to LP and CJ for MP
  • Contact arrangements for EM and AP to see MP once per month, subject to variation by agreement