LB v LB

LB v LB

The threshold for a care order is met due to significant emotional harm and risk of further harm arising from the parenting provided, particularly the breakdown in the child's relationship with his father, his anxiety, and failure to develop independence. A care order, rather than a supervision order, is necessary and proportionate to support the therapeutic care plan, provide long-term scaffolding for the family, and ensure robust oversight and support for the child's welfare, given the complexity and duration of the required interventions.

Parties
Applicant: A County Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: R (The Child) (by his Children’s Guardian, Samantha Ryall)
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Care Proceedings (public Law) / Final Judgment After Rehearing on Appeal
Outcome
Care order made
Legal Topics
Care Orders, Supervision Orders, Parental Responsibility, Therapeutic Intervention, Child Welfare, Autism, Deaf Parents, Contact Arrangements
Family Law Child Protection Care Orders Supervision Orders Parental Responsibility Therapeutic Intervention Child Welfare Autism +2 more

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Parties

A County Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

R (The Child) (by his Children’s Guardian, Samantha Ryall)

3rd Respondent

Procedural Posture

Care Proceedings (public Law) / Final Judgment After Rehearing on Appeal

Legal Issues

  1. 1 Whether the threshold for a care order under s.31(2) Children Act 1989 is met
  2. 2 Whether a care order or supervision order is the appropriate legal framework for the care plan
  3. 3 How best to support the child's welfare given his autism, CODA status, and parental conflict

Ratio Decidendi

The threshold for a care order is met due to significant emotional harm and risk of further harm arising from the parenting provided, particularly the breakdown in the child's relationship with his father, his anxiety, and failure to develop independence. A care order, rather than a supervision order, is necessary and proportionate to support the therapeutic care plan, provide long-term scaffolding for the family, and ensure robust oversight and support for the child's welfare, given the complexity and duration of the required interventions.

Court Disposition

Care order made

Orders

  • Care order granted in respect of the child, with the care plan to be implemented as amended to reflect funding, parenting support, goals, and timeframes.
  • Therapeutic work with parents and child to proceed as outlined in the care plan.