A London Borough v A & Ors

A London Borough v A & Ors

The decision on care and placement orders is postponed to allow the mother a final opportunity to engage in therapy and demonstrate change, as the potential benefit to the children of being raised by their mother outweighs the disadvantages of delay, provided the risks are sustainable and the chance of change is real, even if not probable.

Parties
Applicant: A London Borough; First Respondent (mother): Mrs A; Second Respondent (father): Mr A; Respondents (children): C, J and M (children by their Children’s Guardian Carmel Shepherd)
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Care and Placement Order Proceedings / Judgment After Final Hearing, Decision on Whether to Make Care and Placement Orders or Defer
Outcome
Decision on care and placement orders postponed; final decision to be made at a further hearing in January 2013 unless significant change by the mother is demonstrated.
Legal Topics
Care Orders, Placement Orders, Child Welfare, Parental Capacity, Delay in Proceedings, Therapeutic Intervention
Family Law Child Protection Care Orders Placement Orders Child Welfare Parental Capacity Delay in Proceedings Therapeutic Intervention

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Parties

A London Borough

Applicant

Mrs A

First Respondent (mother)

Mr A

Second Respondent (father)

C, J and M (children by their Children’s Guardian Carmel Shepherd)

Respondents (children)

Procedural Posture

Care and Placement Order Proceedings / Judgment After Final Hearing, Decision on Whether to Make Care and Placement Orders or Defer

Legal Issues

  1. 1 Whether care and placement orders should be made for three children
  2. 2 Whether decision should be deferred to allow mother to undertake therapy
  3. 3 Assessment of parental capacity and risk to children

Ratio Decidendi

The decision on care and placement orders is postponed to allow the mother a final opportunity to engage in therapy and demonstrate change, as the potential benefit to the children of being raised by their mother outweighs the disadvantages of delay, provided the risks are sustainable and the chance of change is real, even if not probable.

Court Disposition

Decision on care and placement orders postponed; final decision to be made at a further hearing in January 2013 unless significant change by the mother is demonstrated.

Orders

  • Decision on local authority's applications for care and placement orders is postponed until a further hearing on 14 January 2013.
  • Local authority granted permission to restore the matter before the court at short notice if the mother fails to engage in therapy.