A Local Authority v C & D [2024] EWFC 449 (B) (12 September 2024)

A Local Authority v C & D [2024] EWFC 449 (B) (12 September 2024)

The threshold criteria under s.31 Children Act 1989 were met: the children suffered or were likely to suffer significant harm due to persistent neglect, poor hygiene, unsafe home conditions, and exposure to domestic abuse, attributable to parental care. The parents were found to be unreliable witnesses, lacking...

Source-derived case information.

Citation
[2024] EWFC 449 (B)
Parties
Applicant: A Local Authority; Respondent Mother: C; Respondent Father: D; Subject Children: Children (A and B)
Jurisdiction
England and Wales
Judgment Date
12 September 2024
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Final Judgment
Outcome
Care orders made for both children (A and B); plan for long-term fostering approved.
Legal Topics
Care Orders, Threshold Criteria, Domestic Abuse, Neglect, Welfare Checklist, Expert Evidence
Family Law Child Protection Care Orders Threshold Criteria Domestic Abuse Neglect Welfare Checklist Expert Evidence

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Parties

A Local Authority

Applicant

C

Respondent Mother

D

Respondent Father

Children (A and B)

Subject Children

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for A and B
  2. 2 Whether care orders or supervision orders are appropriate
  3. 3 Assessment of harm and risk attributable to parental care

Ratio Decidendi

The threshold criteria under s.31 Children Act 1989 were met: the children suffered or were likely to suffer significant harm due to persistent neglect, poor hygiene, unsafe home conditions, and exposure to domestic abuse, attributable to parental care. The parents were found to be unreliable witnesses, lacking insight and responsibility. The harm and risk could not be safely managed by supervision or rehabilitation to parental care. The welfare of the children required care orders with a plan for long-term fostering, with contact set at seven times per year.

Court Disposition

Care orders made for both children (A and B); plan for long-term fostering approved.

Orders

  • Care orders for A and B under s.31 Children Act 1989
  • Contact between children and parents set at seven times per year (each main school holiday, with two in summer)