R & S (Minors) (Salt Poisoning) (No.2: Welfare: Care Order or Supervision Order), Re

R & S (Minors) (Salt Poisoning) (No.2: Welfare: Care Order or Supervision Order), Re

A Care Order is not necessary or proportionate for the protection of the children given the risk is mitigated by supervised contact and placement with the father; therefore, Supervision Orders are made for 12 months, with fortnightly supervised contact between the children and their mother.

Parties
Applicant: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: R (A Minor); Respondent: S (A Minor)
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Family / Final Judgment
Outcome
Supervision Orders granted for both children for 12 months; fortnightly supervised contact with mother ordered.
Legal Topics
Care Order, Supervision Order, Children Act 1989, Parental Responsibility, Contact Arrangements
Family Law Child Protection Care Order Supervision Order Children Act 1989 Parental Responsibility Contact Arrangements

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Parties

A Local Authority

Applicant

A Mother

Respondent

A Father

Respondent

R (A Minor)

Respondent

S (A Minor)

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the children's permanent placement in their father's care should be underpinned by a Care Order or a Supervision Order
  2. 2 Frequency and supervision of contact between the children and their mother

Ratio Decidendi

A Care Order is not necessary or proportionate for the protection of the children given the risk is mitigated by supervised contact and placement with the father; therefore, Supervision Orders are made for 12 months, with fortnightly supervised contact between the children and their mother.

Court Disposition

Supervision Orders granted for both children for 12 months; fortnightly supervised contact with mother ordered.

Orders

  • Supervision Orders for R and S to last 12 months
  • Children to live with their father