Care Proceedings (wishes and feelings of a child aged 14 ½), Re

Care Proceedings (wishes and feelings of a child aged 14 ½), Re

The court found the threshold for a care order met due to significant actual and risk of future emotional harm to R arising from the mother's mental health, lack of insight, and refusal to engage with treatment. The welfare checklist factors weighed against reunification, and R's wishes, though seriously considered,...

Source-derived case information.

Parties
Applicant: A Local Authority; Respondent: A Mother; Respondent: A Father; Subject Child: R
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Final care order approved; R to remain in foster care.
Legal Topics
Care Orders, Child Welfare, Mental Health, Contact Arrangements, Parental Capacity
Family Law Child Protection Care Orders Child Welfare Mental Health Contact Arrangements Parental Capacity

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Parties

A Local Authority

Applicant

A Mother

Respondent

A Father

Respondent

R

Subject Child

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under s31(2) Children Act 1989 is met
  2. 2 Whether R should return to live with her mother or remain in foster care
  3. 3 Impact of mother's mental health on R's welfare

Ratio Decidendi

The court found the threshold for a care order met due to significant actual and risk of future emotional harm to R arising from the mother's mental health, lack of insight, and refusal to engage with treatment. The welfare checklist factors weighed against reunification, and R's wishes, though seriously considered, could not override the risk. Foster care with generous contact to the mother was a proportionate response.

Court Disposition

Final care order approved; R to remain in foster care.

Orders

  • Local Authority to amend care plan to provide for increased and improved direct contact with the mother, moving to supervised community contact for 2 sessions, then unsupervised community contact for 4 hours, with review within 2 months and further reviews for overnight contact.
  • Sibling and family contact with both mother's and father's other children, niece and nephew.