KM (A Child) (Welfare), Re

KM (A Child) (Welfare), Re

A care order is necessary and proportionate as there is no one in the jurisdiction able to exercise parental responsibility for KM, and her welfare requires the support of the Local Authority. The threshold for making a care order is met solely on the basis that KM is beyond parental control, with no fault attributed to her parents or DM. Contact arrangements must be child-led, at KM's pace, and the Local Authority must facilitate and not impede the development of her relationship with her birth parents. No additional order under s.34(3) is required as the care plan sufficiently addresses contact.

Parties
Applicant: A Local Authority; 1st Respondent: A Mother (AS); 2nd Respondent: A Father (KS); 3rd Respondent: DM; 4th Respondent: KM (A Child, through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 March 2024
Procedural Posture
Care Proceedings (child Welfare) / Final Judgment
Outcome
Care order made for KM; no order under s.34(3) regarding contact; proceedings concluded.
Legal Topics
Care Orders, Parental Responsibility, Contact Arrangements, Jurisdiction, Child's Wishes, Immigration Status
Family Law Child Welfare Care Orders Parental Responsibility Contact Arrangements Jurisdiction Child's Wishes Immigration Status

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Parties

A Local Authority

Applicant

A Mother (AS)

1st Respondent

A Father (KS)

2nd Respondent

DM

3rd Respondent

KM (A Child, through her Children’s Guardian)

4th Respondent

Procedural Posture

Care Proceedings (child Welfare) / Final Judgment

Legal Issues

  1. 1 Whether a care order should be made for KM
  2. 2 How contact between KM and her birth parents should be facilitated
  3. 3 Jurisdiction for welfare decisions regarding KM

Ratio Decidendi

A care order is necessary and proportionate as there is no one in the jurisdiction able to exercise parental responsibility for KM, and her welfare requires the support of the Local Authority. The threshold for making a care order is met solely on the basis that KM is beyond parental control, with no fault attributed to her parents or DM. Contact arrangements must be child-led, at KM's pace, and the Local Authority must facilitate and not impede the development of her relationship with her birth parents. No additional order under s.34(3) is required as the care plan sufficiently addresses contact.

Court Disposition

Care order made for KM; no order under s.34(3) regarding contact; proceedings concluded.

Orders

  • A care order is made in respect of KM.
  • Contact arrangements to be managed in accordance with the care plan, led by KM's wishes and needs.