Birmingham City Council v EM & Anor

Birmingham City Council v EM & Anor

Immediate removal of both children from mother's care is necessary and proportionate due to ongoing risk of harm, mother's inability to provide safe parenting without 24/7 supervision, and lack of available support options. The threshold for interim care order is met and no alternative placement is feasible.

Source-derived case information.

Parties
Applicant: Birmingham City Council; First Respondent: EM; Second Respondent: The Children (By their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Care Proceedings / Interim Removal Hearing
Outcome
Interim care order granted with removal of both children from mother's care.
Legal Topics
Interim Care Order, Removal of Children, Parenting With Support, Learning Disability, Threshold for Removal, Proportionality, Article 8 Rights
Family Law Child Protection Disability Law Interim Care Order Removal of Children Parenting With Support Learning Disability Threshold for Removal +2 more

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Parties

Birmingham City Council

Applicant

EM

First Respondent

The Children (By their Children’s Guardian)

Second Respondent

Procedural Posture

Care Proceedings / Interim Removal Hearing

Legal Issues

  1. 1 Whether immediate removal of children from mother's care is necessary and proportionate
  2. 2 Whether the threshold for interim care order is met
  3. 3 Whether sufficient support options for parenting with learning disability have been explored

Ratio Decidendi

Immediate removal of both children from mother's care is necessary and proportionate due to ongoing risk of harm, mother's inability to provide safe parenting without 24/7 supervision, and lack of available support options. The threshold for interim care order is met and no alternative placement is feasible.

Court Disposition

Interim care order granted with removal of both children from mother's care.

Orders

  • Both children to be placed together in foster care.
  • Contact between mother and children to be twice a week for 90 minutes for both children and separately for each child for one hour to 90 minutes.