A Council v M & Ors (Judgment 2: Welfare)

A Council v M & Ors (Judgment 2: Welfare)

Due to the mother's inability to safely parent C, ongoing emotional harm, and lack of remorse or acceptance of findings, C's welfare requires permanent placement in foster care, with contact suspended and only resumed if circumstances change. The court has sufficient information and further assessment is unnecessary.

Parties
Applicant: A Council; Respondent: M; Respondent: F; Respondent: A; Respondent: B; Respondent: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Family / Final Judgment on Welfare and Care Orders
Outcome
Final Care Order for C; B remains a Ward until 18; contact between C and mother withheld; contact arrangements for siblings adjusted; no Section 91(14) order but future applications reserved to judge.
Legal Topics
Care Orders, Wardship, Reporting Restrictions, Contact Arrangements, Child Welfare, Parental Responsibility, Special Guardianship, Section 38(6) Assessment, Section 34(4) Contact, Section 91(14) Applications
Family Law Child Protection Care Orders Wardship Reporting Restrictions Contact Arrangements Child Welfare Parental Responsibility +4 more

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Parties

A Council

Applicant

M

Respondent

F

Respondent

A

Respondent

B

Respondent

C

Respondent

D

Respondent

Procedural Posture

Family / Final Judgment on Welfare and Care Orders

Legal Issues

  1. 1 Should child C return to her mother's care or remain in foster care?
  2. 2 What contact arrangements are appropriate between C and her mother and siblings?
  3. 3 Is further assessment necessary for decision-making?

Ratio Decidendi

Due to the mother's inability to safely parent C, ongoing emotional harm, and lack of remorse or acceptance of findings, C's welfare requires permanent placement in foster care, with contact suspended and only resumed if circumstances change. The court has sufficient information and further assessment is unnecessary.

Court Disposition

Final Care Order for C; B remains a Ward until 18; contact between C and mother withheld; contact arrangements for siblings adjusted; no Section 91(14) order but future applications reserved to judge.

Orders

  • Final Care Order in favour of Local Authority for C
  • Permission to Local Authority to withhold contact between C and mother under Section 34(4) Children Act