A Local Authority v A Mother & Ors [2017] EWFC B52 (08 August 2017)

A Local Authority v A Mother & Ors [2017] EWFC B52 (08 August 2017)

The evidence established that the grandfather, despite his commitment and love, is unable to meet the child's medium and long-term emotional needs due to the child's challenging behaviour and the grandfather's limited support. Placement with experienced foster carers is necessary, proportionate, and in the child's paramount welfare interests. The care order is made with a robust contact plan for the grandfather.

Citation
[2017] EWFC B52
Parties
Applicant: A Local Authority; First Respondent: A mother; Second Respondent: A grandfather; Third Respondent: A child (by his guardian)
Jurisdiction
England and Wales
Judgment Date
08 August 2017
Procedural Posture
Public Law Children Proceedings (care Order) / Final Hearing and Judgment
Outcome
Care order made placing the child with identified agency foster carers; robust contact arrangements for the grandfather; review of mother's contact post-release.
Legal Topics
Care Orders, Welfare of the Child, Parental Responsibility, Article 8 ECHR, Threshold Criteria, Special Guardianship, Foster Care, Contact Arrangements
Family Law Child Protection Care Orders Welfare of the Child Parental Responsibility Article 8 ECHR Threshold Criteria Special Guardianship +2 more

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Parties

A Local Authority

Applicant

A mother

First Respondent

A grandfather

Second Respondent

A child (by his guardian)

Third Respondent

Procedural Posture

Public Law Children Proceedings (care Order) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the child should remain with his grandfather or be placed in long-term foster care under a care order
  2. 2 Whether the care plan is necessary and proportionate to protect the child's welfare
  3. 3 How to balance the harm of removing the child from his grandfather against the risk of harm if he remains

Ratio Decidendi

The evidence established that the grandfather, despite his commitment and love, is unable to meet the child's medium and long-term emotional needs due to the child's challenging behaviour and the grandfather's limited support. Placement with experienced foster carers is necessary, proportionate, and in the child's paramount welfare interests. The care order is made with a robust contact plan for the grandfather.

Court Disposition

Care order made placing the child with identified agency foster carers; robust contact arrangements for the grandfather; review of mother's contact post-release.

Orders

  • Care order to take effect 31 August 2017 placing the child with agency foster carers.
  • Grandfather to have staying contact on alternate weekends and during school holidays, with a formal review in October 2017.