Re A & B (children: care proceedings)

Re A & B (children: care proceedings)

The threshold criteria under section 31 Children Act 1989 were met due to significant harm suffered and likely to be suffered by A and B as a result of neglect, exposure to domestic abuse, poor home conditions, and parental substance misuse. The parents lacked insight and minimised the harm. The children's welfare required long-term foster care as the only realistic option to safeguard them from further harm. Contact should be set at seven times per year to balance the children's welfare and the risk of placement disruption.

Parties
Applicant: A Local Authority; Respondent Mother: C; Respondent Father: D; Children (by Guardian): Children (A and B)
Jurisdiction
England and Wales
Judgment Date
28 May 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Care orders made for A and B with a plan for long-term fostering; parental contact set at seven times per year.
Legal Topics
Care Orders, Threshold Criteria, Domestic Abuse, Neglect, Substance Misuse, Contact Arrangements, Welfare Checklist
Family Law Child Protection Care Orders Threshold Criteria Domestic Abuse Neglect Substance Misuse Contact Arrangements +1 more

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Parties

A Local Authority

Applicant

C

Respondent Mother

D

Respondent Father

Children (A and B)

Children (by Guardian)

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under section 31 Children Act 1989 are met for making care orders for A and B
  2. 2 Whether long-term foster care or return to parents is in the children's best interests
  3. 3 Appropriate level and structure of parental contact

Ratio Decidendi

The threshold criteria under section 31 Children Act 1989 were met due to significant harm suffered and likely to be suffered by A and B as a result of neglect, exposure to domestic abuse, poor home conditions, and parental substance misuse. The parents lacked insight and minimised the harm. The children's welfare required long-term foster care as the only realistic option to safeguard them from further harm. Contact should be set at seven times per year to balance the children's welfare and the risk of placement disruption.

Court Disposition

Care orders made for A and B with a plan for long-term fostering; parental contact set at seven times per year.

Orders

  • Care orders for A and B
  • Contact between parents and children to occur seven times per year (each main school holiday, with two contacts in summer)