J (A Child), Re [2011] EWCC 5 (Fam) (2011)

J (A Child), Re [2011] EWCC 5 (Fam) (2011)

The threshold for significant harm under section 31 Children Act 1989 was crossed due to actual and likely harm from parental care. Expert evidence established both parents' inability to provide safe, adequate care. J's welfare required a care order with placement in permanent foster care with his grandparents and supervised contact with parents. No lesser order would suffice.

Citation
[2011] EWCC 5 (Fam)
Parties
Applicant: A Local Authority; 1st Respondent: KH (Mother); 2nd Respondent: SV (Father)
Jurisdiction
England and Wales
Procedural Posture
Care Proceedings (children Act 1989) / Final Judgment
Outcome
Care order made; care plan approved.
Legal Topics
Care Orders, Threshold Criteria, Child Welfare, Parental Responsibility, Supervised Contact
Family Law Child Protection Care Orders Threshold Criteria Child Welfare Parental Responsibility Supervised Contact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

KH (Mother)

1st Respondent

SV (Father)

2nd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under section 31 of the Children Act 1989 are met
  2. 2 Whether a care order is necessary and proportionate for J's welfare
  3. 3 Appropriateness of supervised contact arrangements

Ratio Decidendi

The threshold for significant harm under section 31 Children Act 1989 was crossed due to actual and likely harm from parental care. Expert evidence established both parents' inability to provide safe, adequate care. J's welfare required a care order with placement in permanent foster care with his grandparents and supervised contact with parents. No lesser order would suffice.

Court Disposition

Care order made; care plan approved.

Orders

  • Care order granted in respect of J.
  • J to remain in permanent foster placement with his paternal grandparents.