A Local Authority v C & Anor

A Local Authority v C & Anor

Threshold for care order is met due to significant emotional and physical harm suffered and likely to be suffered by A if returned to mother's care; mother lacks insight, has fabricated allegations, and refuses to sign undertakings; D is not a 'runner' due to insufficient commitment and lack of relationship; delay for further assessment would prejudice A's welfare; A's welfare is best served by remaining in long-term foster care with increased efforts to maintain heritage and contact.

Parties
Applicant: A Local Authority; Respondent Mother: C; Respondent Stepfather: F; Subject Child: A (child); Proposed Kinship Carer: D
Jurisdiction
England and Wales
Judgment Date
04 July 2022
Procedural Posture
Care Proceedings / Final Hearing and Judgment
Outcome
Care order granted in favour of Local Authority; application to adjourn for further assessment of D refused.
Legal Topics
Care Order, Kinship Placement, Threshold Criteria, Delay in Proceedings, Cultural Assessment, Emotional Harm, Physical Harm, Contact Arrangements
Family Law Child Protection Care Order Kinship Placement Threshold Criteria Delay in Proceedings Cultural Assessment Emotional Harm +2 more

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Parties

A Local Authority

Applicant

C

Respondent Mother

F

Respondent Stepfather

A (child)

Subject Child

D

Proposed Kinship Carer

Procedural Posture

Care Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold for care order is met
  2. 2 Whether child should be placed with mother, D, or remain in foster care
  3. 3 Impact of delay for further assessment of D

Ratio Decidendi

Threshold for care order is met due to significant emotional and physical harm suffered and likely to be suffered by A if returned to mother's care; mother lacks insight, has fabricated allegations, and refuses to sign undertakings; D is not a 'runner' due to insufficient commitment and lack of relationship; delay for further assessment would prejudice A's welfare; A's welfare is best served by remaining in long-term foster care with increased efforts to maintain heritage and contact.

Court Disposition

Care order granted in favour of Local Authority; application to adjourn for further assessment of D refused.

Orders

  • Care order made for A in favour of Local Authority based on current care plan.
  • A to remain in long-term foster care placement.