A (A Child) [2010] EWMC 65 (FPC) (2010)
The threshold criteria under Section 31 Children Act 1989 are satisfied as the child has suffered or is likely to suffer significant harm attributable to the care given or likely to be given if the order is not made. The making of a Care Order is proportionate and in the child's best interests, considering the welfare checklist and Article 8 ECHR.
- Citation
- [2010] EWMC 65 (FPC)
- Parties
- Applicant: A Local Authority; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd Respondent: Child “A” by their Guardian
- Jurisdiction
- England and Wales
- Procedural Posture
- Care Proceedings / Final Hearing
- Outcome
- Care Order made
- Legal Topics
- Care Order, Threshold Criteria, Welfare Checklist, Parental Responsibility, Article 8 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
A Local Authority
Applicant
A Mother
1st Respondent
A Father
2nd Respondent
Child “A” by their Guardian
3rd Respondent
Procedural Posture
Care Proceedings / Final Hearing
Legal Issues
- 1 Whether the threshold criteria under Section 31 Children Act 1989 are satisfied
- 2 Whether a Care Order is in the best interests of the child
Ratio Decidendi
The threshold criteria under Section 31 Children Act 1989 are satisfied as the child has suffered or is likely to suffer significant harm attributable to the care given or likely to be given if the order is not made. The making of a Care Order is proportionate and in the child's best interests, considering the welfare checklist and Article 8 ECHR.
Court Disposition
Care Order made
Orders
- Care Order placing child 'A' in the care of the mother with the Local Authority sharing parental responsibility
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