A Father v Middlesbrough Council & Ors

A Father v Middlesbrough Council & Ors

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. The grandparents are unable to meet her physical, emotional, and educational needs despite support and scrutiny. Placement with Z is not viable due to family dynamics and lack of stability. No other realistic family placement is available. The threshold of necessity is met and nothing else will do.

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
11 October 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Application by Local Authority for approval of care plan for removal to long-term foster care allowed; V to be placed in long-term foster care.
Legal Topics
Care Orders, Removal From Family, Special Guardianship, Foster Care, Welfare Checklist, Best Interests of the Child
Family Law Child Protection Care Orders Removal From Family Special Guardianship Foster Care Welfare Checklist Best Interests of the Child

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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

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
  2. 2 Whether placement with Z (paternal step-aunt) is a viable alternative
  3. 3 Whether the current family placements meet V’s physical, emotional, and educational needs

Ratio Decidendi

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. The grandparents are unable to meet her physical, emotional, and educational needs despite support and scrutiny. Placement with Z is not viable due to family dynamics and lack of stability. No other realistic family placement is available. The threshold of necessity is met and nothing else will do.

Court Disposition

Application by Local Authority for approval of care plan for removal to long-term foster care allowed; V to be placed in long-term foster care.

Orders

  • V to be placed in long-term foster care with the identified carer.
  • Monthly supervised contact with mother and sister; monthly supervised contact with father, with X and Y to join every other occasion if father agrees.