A Local Authority v M and F & Ors (care orders and wardship)

A Local Authority v M and F & Ors (care orders and wardship)

Care orders are necessary and proportionate for all six children due to significant physical and emotional harm, parental dishonesty, and inability to provide good enough care. Placement orders for E and F are refused; long-term foster care is preferred due to risk of placement breakdown and limited pool of adopters. Forced marriage protection orders are granted based on risk and family tradition. Wardship for G continues. Retention of parents' passports is refused as disproportionate and unnecessary.

Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Third Respondents: A, B, C, D, E, F, G (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
28 September 2018
Procedural Posture
Care and Placement Orders / Final Composite Hearing
Outcome
Care orders granted for A, B, C, D, E, F; placement orders for E and F refused; forced marriage protection orders granted; wardship for G continued; parents' passports to be released.
Legal Topics
Care Orders, Placement Orders, Forced Marriage Protection, Wardship, Physical and Emotional Abuse, Parental Responsibility, Sibling Separation, Passport Retention
Family Law Child Protection International Family Law Care Orders Placement Orders Forced Marriage Protection Wardship Physical and Emotional Abuse +3 more

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

A, B, C, D, E, F, G (via their Children's Guardian)

Third Respondents

Procedural Posture

Care and Placement Orders / Final Composite Hearing

Legal Issues

  1. 1 Whether care orders should be made for six children
  2. 2 Whether placement orders should be made for E and F
  3. 3 Whether forced marriage protection orders are necessary

Ratio Decidendi

Care orders are necessary and proportionate for all six children due to significant physical and emotional harm, parental dishonesty, and inability to provide good enough care. Placement orders for E and F are refused; long-term foster care is preferred due to risk of placement breakdown and limited pool of adopters. Forced marriage protection orders are granted based on risk and family tradition. Wardship for G continues. Retention of parents' passports is refused as disproportionate and unnecessary.

Court Disposition

Care orders granted for A, B, C, D, E, F; placement orders for E and F refused; forced marriage protection orders granted; wardship for G continued; parents' passports to be released.

Orders

  • Care orders for A, B, C, D, E, F
  • Long-term foster care for E and F