L (Parents with disabilities) (Threshold), Re

L (Parents with disabilities) (Threshold), Re

The threshold for a care order was met due to the parents' inability, through no fault of their own, to provide safe and consistent care for L without support at a level that would be emotionally harmful. Placement with paternal grandparents is in L's best interests for stability, attachment, and safety. The care order and placement plan are necessary and proportionate; rehabilitation to parents is not realistic in the short-medium term.

Parties
Applicant: A Local Authority; 1st Respondent: M (Mother); 2nd Respondent: F (Father); 3rd Respondent: L (Child, by her Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Order / Final Judgment
Outcome
Final care order granted; placement with paternal grandparents approved.
Legal Topics
Care Orders, Threshold Criteria, Parental Responsibility, Welfare Checklist, Disability and Parenting, Attachment Theory, Delegation of Authority to Foster Carers
Family Law Child Protection Disability Law Care Orders Threshold Criteria Parental Responsibility Welfare Checklist Disability and Parenting +2 more

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Parties

A Local Authority

Applicant

M (Mother)

1st Respondent

F (Father)

2nd Respondent

L (Child, by her Guardian)

3rd Respondent

Procedural Posture

Care Order / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under s.31(2) Children Act 1989 is met
  2. 2 Whether placement with paternal grandparents is in the child's best interests
  3. 3 Impact of parental disabilities on ability to care for child

Ratio Decidendi

The threshold for a care order was met due to the parents' inability, through no fault of their own, to provide safe and consistent care for L without support at a level that would be emotionally harmful. Placement with paternal grandparents is in L's best interests for stability, attachment, and safety. The care order and placement plan are necessary and proportionate; rehabilitation to parents is not realistic in the short-medium term.

Court Disposition

Final care order granted; placement with paternal grandparents approved.

Orders

  • Final care order made for L under s.31 Children Act 1989.
  • L to remain living with paternal grandparents.