A Local Authority v The Mother & Ors [2023] EWFC 91 (B) (12 June 2023)

A Local Authority v The Mother & Ors [2023] EWFC 91 (B) (12 June 2023)

Threshold for making a Supervision Order under section 31 Children Act 1989 was met due to significant harm suffered and likely to be suffered by A, attributable to both parents' care in relation to school attendance, exposure to parental conflict, and instability, with the mother’s alcoholism being a central factor. A 12-month Supervision Order with an amended support plan is necessary and proportionate to safeguard A’s welfare.

Citation
[2023] EWFC 91 (B)
Parties
Applicant: A Local Authority; First Respondent: The mother; Second Respondent: The father; Third Respondent: A (child, acting through Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
12 June 2023
Procedural Posture
Public Law Children Proceedings (care/supervision Order) / Final Hearing
Outcome
12-month Supervision Order granted for A to remain living with the mother and spend time with the father, with support plan as amended.
Legal Topics
Supervision Order, Section 31 Children Act 1989 Threshold, Welfare Checklist, Parental Conflict, School Attendance, Alcohol Misuse, Care Planning
Family Law Child Protection Supervision Order Section 31 Children Act 1989 Threshold Welfare Checklist Parental Conflict School Attendance Alcohol Misuse +1 more

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Parties

A Local Authority

Applicant

The mother

First Respondent

The father

Second Respondent

A (child, acting through Children’s Guardian)

Third Respondent

Procedural Posture

Public Law Children Proceedings (care/supervision Order) / Final Hearing

Legal Issues

  1. 1 Whether threshold for making a Supervision Order under section 31 Children Act 1989 is met
  2. 2 Whether a 12-month Supervision Order is necessary and proportionate for A's welfare
  3. 3 Attribution of harm to parental care (mother and father)

Ratio Decidendi

Threshold for making a Supervision Order under section 31 Children Act 1989 was met due to significant harm suffered and likely to be suffered by A, attributable to both parents' care in relation to school attendance, exposure to parental conflict, and instability, with the mother’s alcoholism being a central factor. A 12-month Supervision Order with an amended support plan is necessary and proportionate to safeguard A’s welfare.

Court Disposition

12-month Supervision Order granted for A to remain living with the mother and spend time with the father, with support plan as amended.

Orders

  • 12-month Supervision Order to A Local Authority
  • Final care plan at D7-D18 endorsed