C (A Child : Care proceedings : Welfare)

C (A Child : Care proceedings : Welfare)

The court finds that C suffered chronic significant harm in his mother's care, including malnutrition and inhibited development, and that his health and welfare have markedly improved since placement with specialist foster carers. MC has consistently failed to engage with professionals and continues to cause distress and harm during contact. A care order is in C's best interests, with limited contact to preserve his connection to family and heritage.

Parties
Applicant: A Local Authority; 1st Respondent: MC; 2nd Respondent: FC; 3rd Respondent: C (A child by his guardian)
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Care Proceedings Under Section 31 of the Children Act 1989 / Final Judgment
Outcome
Care order granted; C to remain with specialist foster carers.
Legal Topics
Care Orders, Child Welfare, Parental Responsibility, Contact Arrangements, Habitual Residence
Family Law Child Protection Care Orders Child Welfare Parental Responsibility Contact Arrangements Habitual Residence

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Parties

A Local Authority

Applicant

MC

1st Respondent

FC

2nd Respondent

C (A child by his guardian)

3rd Respondent

Procedural Posture

Care Proceedings Under Section 31 of the Children Act 1989 / Final Judgment

Legal Issues

  1. 1 Whether a final care order should be granted for C
  2. 2 Whether C should remain with specialist foster carers or be returned to his mother
  3. 3 Appropriate level of contact between C and his mother

Ratio Decidendi

The court finds that C suffered chronic significant harm in his mother's care, including malnutrition and inhibited development, and that his health and welfare have markedly improved since placement with specialist foster carers. MC has consistently failed to engage with professionals and continues to cause distress and harm during contact. A care order is in C's best interests, with limited contact to preserve his connection to family and heritage.

Court Disposition

Care order granted; C to remain with specialist foster carers.

Orders

  • Contact between C and MC limited to one hour twice a year, subject to review based on C's needs and MC's conduct.
  • Local authority to liaise with adult social services and address C's naturalization status.