A London Borough v A & Ors

A London Borough v A & Ors

The mother has not sufficiently accepted the court's findings regarding the father's responsibility for B's death and cannot reliably protect the children physically or emotionally. The risk posed by the father is of utmost gravity, and the mother's beliefs and support network are inadequate to mitigate this risk. Therefore, the children cannot be returned to her care, and care and placement orders are necessary for their welfare.

Parties
Applicant: A London Borough; First Respondent: Mrs A; Second Respondent: Mr A; Respondents: C, J and M (children by their Children’s Guardian Carmel Shepherd)
Jurisdiction
England and Wales
Judgment Date
15 February 2013
Procedural Posture
Care and Placement Proceedings / Final Judgment
Outcome
Care orders and placement orders granted; children not returned to mother's care.
Legal Topics
Care Orders, Placement Orders, Adoption, Child Welfare, Parental Responsibility, Therapy and Parental Capacity
Family Law Child Protection Care Orders Placement Orders Adoption Child Welfare Parental Responsibility Therapy and Parental Capacity

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Parties

A London Borough

Applicant

Mrs A

First Respondent

Mr A

Second Respondent

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

Respondents

Procedural Posture

Care and Placement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the children should be returned to the mother's care
  2. 2 Whether care and placement orders should be made
  3. 3 Assessment of mother's capacity to protect children physically and emotionally

Ratio Decidendi

The mother has not sufficiently accepted the court's findings regarding the father's responsibility for B's death and cannot reliably protect the children physically or emotionally. The risk posed by the father is of utmost gravity, and the mother's beliefs and support network are inadequate to mitigate this risk. Therefore, the children cannot be returned to her care, and care and placement orders are necessary for their welfare.

Court Disposition

Care orders and placement orders granted; children not returned to mother's care.

Orders

  • Care orders made for all three children
  • Placement orders made for M and J