C (A Child : Refusal To Make Interim Care Order) [2016] EWFC 6 (26 January 2016)

C (A Child : Refusal To Make Interim Care Order) [2016] EWFC 6 (26 January 2016)

Although the statutory criteria for an interim care order were satisfied, the court exercised its discretion not to order removal of C from his grandmother's care at this stage, finding that with strict undertakings from the mother and grandmother, C's welfare could be safeguarded without immediate removal. The grandmother was found, on balance, to be trustworthy for this interim period, but warned that any breach would result in immediate removal.

Citation
[2016] EWFC 6
Parties
Applicant (local Authority): Birmingham City Council; Respondent (mother): Mother of C; Subject Child: C (A Child)
Jurisdiction
England and Wales
Judgment Date
26 January 2016
Procedural Posture
Family Law Interim Care Proceedings / Interim Hearing on Application for Interim Care Order
Outcome
Refusal to make interim care order for removal; child to remain with grandmother under strict undertakings.
Legal Topics
Interim Care Orders, Children Act 1989, Removal of Child From Home, Parental Responsibility, Supervision of Child, Undertakings to Court
Family Law Child Protection Interim Care Orders Children Act 1989 Removal of Child From Home Parental Responsibility Supervision of Child Undertakings to Court

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Parties

Birmingham City Council

Applicant (local Authority)

Mother of C

Respondent (mother)

C (A Child)

Subject Child

Procedural Posture

Family Law Interim Care Proceedings / Interim Hearing on Application for Interim Care Order

Legal Issues

  1. 1 Whether to make an interim care order removing C from his grandmother's care
  2. 2 Whether the grandmother can be trusted to safeguard C and comply with undertakings
  3. 3 Whether removal from home is a proportionate and necessary step at this interim stage

Ratio Decidendi

Although the statutory criteria for an interim care order were satisfied, the court exercised its discretion not to order removal of C from his grandmother's care at this stage, finding that with strict undertakings from the mother and grandmother, C's welfare could be safeguarded without immediate removal. The grandmother was found, on balance, to be trustworthy for this interim period, but warned that any breach would result in immediate removal.

Court Disposition

Refusal to make interim care order for removal; child to remain with grandmother under strict undertakings.

Orders

  • Mother to vacate family home by specified date and have no contact with C except as supervised by local authority.
  • Grandmother to exclude mother and brother from home, ensure C's care and compliance with specified conditions.