Z & Y (Children : Care Proceedings) (Rev 1)

Z & Y (Children : Care Proceedings) (Rev 1)

The threshold for making supervision orders under s31 Children Act 1989 was met based on FG's convictions for sexual and physical abuse, M's failure to protect the children and breach of court orders, and FR's abdication of parental responsibility. FG poses a continuing risk to any child and partner. No contact between FG and Y or Z is permitted. The children are to be placed with their mother under supervision order.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: FG; 3rd Respondent: FR; 4th and 5th Respondents: Y & Z (Children by their guardian)
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Care and Supervision Proceedings / Final Judgment
Outcome
Supervision orders granted for Y and Z; no contact between FG and Y or Z; children placed with mother under supervision order.
Legal Topics
Supervision Order, Threshold Criteria, Child Welfare, Parental Responsibility, Risk Assessment, Emotional Abuse, Physical Abuse, Sexual Abuse, Removal From Jurisdiction
Family Law Child Protection Supervision Order Threshold Criteria Child Welfare Parental Responsibility Risk Assessment Emotional Abuse +3 more

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Parties

A Local Authority

Applicant

M

1st Respondent

FG

2nd Respondent

FR

3rd Respondent

Y & Z (Children by their guardian)

4th and 5th Respondents

Procedural Posture

Care and Supervision Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under s31 Children Act 1989 are met for supervision orders
  2. 2 Whether FG poses a risk of harm to Y and Z
  3. 3 Whether M failed to protect her children from risk of harm

Ratio Decidendi

The threshold for making supervision orders under s31 Children Act 1989 was met based on FG's convictions for sexual and physical abuse, M's failure to protect the children and breach of court orders, and FR's abdication of parental responsibility. FG poses a continuing risk to any child and partner. No contact between FG and Y or Z is permitted. The children are to be placed with their mother under supervision order.

Court Disposition

Supervision orders granted for Y and Z; no contact between FG and Y or Z; children placed with mother under supervision order.

Orders

  • Supervision orders made for Y and Z under s31 Children Act 1989.
  • No contact between FG and Y or Z.