J, G And H (Children: Supervision Orders)

J, G And H (Children: Supervision Orders)

The threshold for making care or supervision orders was met due to the risk of significant harm from the father and the mother's prior inability to protect the children. However, the risk can now be managed by the mother, with support and appropriate court orders restricting the father's contact. Removal to foster care would be disproportionate and harmful to the children. Supervision Orders for 12 months for each child, with the children to remain with their mother and only supervised, indirect contact with the father, best serve the children's welfare.

Parties
Applicant: Applicant Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent (child): J; Fourth Respondent (child): G; Fifth Respondent (child): H (by Children's Guardian, Ms Rush)
Jurisdiction
England and Wales
Judgment Date
29 March 2021
Procedural Posture
Family (children Act 1989) / Final Judgment
Outcome
Supervision Orders for 12 months for each child; children to remain with mother; no foster care.
Legal Topics
Care Orders, Supervision Orders, Parental Responsibility, Domestic Violence, Disability and Parenting, Welfare of the Child
Family Law Child Protection Care Orders Supervision Orders Parental Responsibility Domestic Violence Disability and Parenting Welfare of the Child

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Parties

Applicant Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

J

Third Respondent (child)

G

Fourth Respondent (child)

H (by Children's Guardian, Ms Rush)

Fifth Respondent (child)

Procedural Posture

Family (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for making a care or supervision order is met under s.31(2) Children Act 1989
  2. 2 Whether the children should be placed in long-term foster care or remain with their mother
  3. 3 Assessment of risk of harm from the father to the children and mother

Ratio Decidendi

The threshold for making care or supervision orders was met due to the risk of significant harm from the father and the mother's prior inability to protect the children. However, the risk can now be managed by the mother, with support and appropriate court orders restricting the father's contact. Removal to foster care would be disproportionate and harmful to the children. Supervision Orders for 12 months for each child, with the children to remain with their mother and only supervised, indirect contact with the father, best serve the children's welfare.

Court Disposition

Supervision Orders for 12 months for each child; children to remain with mother; no foster care.

Orders

  • Supervision Orders for J, G, and H for 12 months
  • Children to live with mother