A Father v Middlesbrough Council & Ors [2024] EWFC 15 (02 February 2024)

A Father v Middlesbrough Council & Ors [2024] EWFC 15 (02 February 2024)

It is necessary and in V's best interests to be removed from the care of her paternal grandparents and placed in long-term foster care because her physical, educational, and some emotional needs are not being met, she remains at significant risk of serious harm, and alternative family placement with Z is not viable...

Source-derived case information.

Citation
[2024] EWFC 15
Parties
Applicant: A Father; First Respondent: Middlesbrough Council; Second Respondent: A Mother; Third and Fourth Respondents: X and Y; Fifth Respondent: V (by her Children's Guardian); Sixth Respondent: Z
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment After Contested Hearing
Outcome
Application by Local Authority for approval of care plan for long-term foster care is granted. V is to be removed from the care of her paternal grandparents and placed in long-term foster care.
Legal Topics
Care Orders, Special Guardianship, Removal From Family, Welfare Checklist, Long Term Foster Care
Family Law Child Protection Care Orders Special Guardianship Removal From Family Welfare Checklist Long Term Foster Care

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Parties

A Father

Applicant

Middlesbrough Council

First Respondent

A Mother

Second Respondent

X and Y

Third and Fourth Respondents

V (by her Children's Guardian)

Fifth Respondent

Z

Sixth Respondent

Procedural Posture

Care Proceedings (public Law) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is necessary and in V's best interests to remove her from the care of her paternal grandparents and place her in long-term foster care under a care order
  2. 2 Whether alternative family placement with Z is viable and in V's best interests

Ratio Decidendi

It is necessary and in V's best interests to be removed from the care of her paternal grandparents and placed in long-term foster care because her physical, educational, and some emotional needs are not being met, she remains at significant risk of serious harm, and alternative family placement with Z is not viable due to instability and lack of support. The threshold for removal is met and no other realistic option will do.

Court Disposition

Application by Local Authority for approval of care plan for long-term foster care is granted. V is to be removed from the care of her paternal grandparents and placed in long-term foster care.

Orders

  • V to be placed in long-term foster care as per the Local Authority's care plan dated 31 October 2023
  • Contact arrangements for V with family members as set out in the care plan