J (A Child : Criticism of ICO removal) [2014] EWFC B142 (25 March 2014)

J (A Child : Criticism of ICO removal) [2014] EWFC B142 (25 March 2014)

The interim threshold for a care order is met due to reasonable grounds to believe there is a risk of neglect and physical harm to J. However, the risk of harm from A is low, and the emotional harm to J from separation is high. A is now willing to comply with protective measures. The balance of harm and proportionality require J’s immediate return to A’s care under a residence order, with an interim supervision order and supervised contact for B.

Citation
[2014] EWFC B142
Parties
Applicant Local Authority: Wakefield MDC; Grandmother/respondent: A; Grandfather/respondent: B; Child/subject: J
Jurisdiction
England and Wales
Judgment Date
25 March 2014
Procedural Posture
Care Proceedings (children Act 1989) / Interim Care Order Hearing
Outcome
Residence order in favour of A; interim supervision order to local authority; supervised contact order for B; transfer to High Court.
Legal Topics
Interim Care Orders, Residence Orders, Supervision Orders, Parental Responsibility, Police Powers of Removal, Threshold Criteria, Welfare Checklist, Proportionality
Family Law Child Protection Interim Care Orders Residence Orders Supervision Orders Parental Responsibility Police Powers of Removal Threshold Criteria +2 more

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Parties

Wakefield MDC

Applicant Local Authority

A

Grandmother/respondent

B

Grandfather/respondent

J

Child/subject

Procedural Posture

Care Proceedings (children Act 1989) / Interim Care Order Hearing

Legal Issues

  1. 1 Whether interim threshold for care order is met
  2. 2 Whether ongoing removal of J from family is necessary and proportionate
  3. 3 Assessment of risk to J from B and A

Ratio Decidendi

The interim threshold for a care order is met due to reasonable grounds to believe there is a risk of neglect and physical harm to J. However, the risk of harm from A is low, and the emotional harm to J from separation is high. A is now willing to comply with protective measures. The balance of harm and proportionality require J’s immediate return to A’s care under a residence order, with an interim supervision order and supervised contact for B.

Court Disposition

Residence order in favour of A; interim supervision order to local authority; supervised contact order for B; transfer to High Court.

Orders

  • Residence order in favour of A for J to return to her care immediately
  • Contact order for B: supervised by local authority, twice per week