A County Council v A Mother & Ors.

A County Council v A Mother & Ors.

The local authority failed to prove, on the balance of probabilities, that the emotional harm suffered by the child was attributable to a want of care by the mother. There was no evidence of adverse behaviour by the mother, and suspicion alone is insufficient to meet the threshold criteria under s.31(2) Children Act 1989. Therefore, the court has no jurisdiction to make the supervision order sought.

Parties
Applicant: A County Council; First Respondent: A Mother; Second Respondent (child): AB; Third Respondent (child): CD
Jurisdiction
England and Wales
Judgment Date
26 April 2021
Procedural Posture
Care Proceedings / Issues Resolution Hearing
Outcome
Application for supervision order dismissed; threshold criteria not met.
Legal Topics
Threshold Criteria, Supervision Order, Emotional Harm, Parental Responsibility
Family Law Child Protection Threshold Criteria Supervision Order Emotional Harm Parental Responsibility

Case Brief

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Parties

A County Council

Applicant

A Mother

First Respondent

AB

Second Respondent (child)

CD

Third Respondent (child)

Procedural Posture

Care Proceedings / Issues Resolution Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for making a supervision order
  2. 2 Whether emotional harm suffered by the child is attributable to the mother's care

Ratio Decidendi

The local authority failed to prove, on the balance of probabilities, that the emotional harm suffered by the child was attributable to a want of care by the mother. There was no evidence of adverse behaviour by the mother, and suspicion alone is insufficient to meet the threshold criteria under s.31(2) Children Act 1989. Therefore, the court has no jurisdiction to make the supervision order sought.

Court Disposition

Application for supervision order dismissed; threshold criteria not met.