ZH (A Child), Re

ZH (A Child), Re

The evidence, including the amended care plan, is sufficiently robust and certain to justify making a full care order for Z to remain with her current foster carers. Rehabilitation with the mother remains a live issue, but is not feasible in the short term due to the strained relationship and ongoing risks. The amended care plan provides for regular contact, support, and future assessment of rehabilitation, and the local authority can be relied upon to implement it. Z's welfare requires a care order at this stage rather than further adjournment.

Parties
Applicant: A Local Authority; First Respondent (mother): MH; Second Respondent (father): AM; Third Respondent (child): ZH (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
20 February 2017
Procedural Posture
Care Proceedings Under the Children Act 1989 / Final Judgment After Full Hearing
Outcome
Final care order made for Z to remain with current foster carers under the amended care plan.
Legal Topics
Care Orders, Parental Responsibility, Contact Arrangements, Special Guardianship, Mental Health and Parenting, Welfare of the Child
Family Law Child Protection Care Orders Parental Responsibility Contact Arrangements Special Guardianship Mental Health and Parenting Welfare of the Child

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Parties

A Local Authority

Applicant

MH

First Respondent (mother)

AM

Second Respondent (father)

ZH (by her children's guardian)

Third Respondent (child)

Procedural Posture

Care Proceedings Under the Children Act 1989 / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether to make a final care order or adjourn for further assessment of the mother
  2. 2 Whether the local authority's care plan is sufficiently robust and certain
  3. 3 Arrangements for contact between Z and her parents

Ratio Decidendi

The evidence, including the amended care plan, is sufficiently robust and certain to justify making a full care order for Z to remain with her current foster carers. Rehabilitation with the mother remains a live issue, but is not feasible in the short term due to the strained relationship and ongoing risks. The amended care plan provides for regular contact, support, and future assessment of rehabilitation, and the local authority can be relied upon to implement it. Z's welfare requires a care order at this stage rather than further adjournment.

Court Disposition

Final care order made for Z to remain with current foster carers under the amended care plan.

Orders

  • Full care order granted for Z to remain with current foster carers.
  • Contact between Z and her mother to take place once per fortnight, supervised, with scope for increase if appropriate.