A Local Authority v X, Y and Z (Permission to Withdraw)

A Local Authority v X, Y and Z (Permission to Withdraw)

On the evidence before the court, the local authority is unable to satisfy the threshold criteria under s 31(2) Children Act 1989, as there is no evidence the children have suffered or are at risk of significant harm attributable to parental care. Permission to withdraw care proceedings must therefore be granted.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third to Fifth Respondents: X, Y and Z (By their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
08 December 2017
Procedural Posture
Care Proceedings / Application for Permission to Withdraw Care Proceedings
Outcome
Permission granted to withdraw care proceedings.
Legal Topics
Care Proceedings, Threshold Criteria, Radicalisation, Withdrawal of Proceedings, Children in Need Plan
Family Law Child Protection Care Proceedings Threshold Criteria Radicalisation Withdrawal of Proceedings Children in Need Plan

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Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

X, Y and Z (By their Children’s Guardian)

Third to Fifth Respondents

Procedural Posture

Care Proceedings / Application for Permission to Withdraw Care Proceedings

Legal Issues

  1. 1 Whether the local authority can satisfy the threshold criteria under s 31(2) Children Act 1989
  2. 2 Whether permission should be granted to withdraw care proceedings
  3. 3 Whether the children have suffered or are at risk of significant harm attributable to parental care

Ratio Decidendi

On the evidence before the court, the local authority is unable to satisfy the threshold criteria under s 31(2) Children Act 1989, as there is no evidence the children have suffered or are at risk of significant harm attributable to parental care. Permission to withdraw care proceedings must therefore be granted.

Court Disposition

Permission granted to withdraw care proceedings.

Orders

  • Local authority granted permission to withdraw care proceedings in respect of the children.
  • No findings made regarding significant harm or risk thereof.