Caerphilly County Borough Council v M & Ors

Caerphilly County Borough Council v M & Ors

The threshold for a care order under section 31 Children Act 1989 is met due to parental dishonesty, drug misuse, unsafe environment, and failure to comply with care plans. The only order capable of meeting A's welfare needs is a Care Order with A to remain in foster care. Monthly supervised contact is proportionate and unsupervised contact is not appropriate at this time. The Local Authority's failings did not materially influence parental conduct but emboldened their deception. It is not proportionate for the court to restrict the Local Authority's duty to promote contact.

Parties
Applicant: Caerphilly County Borough Council; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: The child A through their Guardian
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Care Order Application / Final Hearing
Outcome
Care Order granted in favour of Caerphilly County Borough Council; A to remain in foster care.
Legal Topics
Care Orders, Parental Contact, Local Authority Duties, Children Act 1989, Supervision Orders, Safeguarding, Anonymity
Family Law Child Protection Care Orders Parental Contact Local Authority Duties Children Act 1989 Supervision Orders Safeguarding +1 more

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Parties

Caerphilly County Borough Council

Applicant

M

1st Respondent

F

2nd Respondent

The child A through their Guardian

3rd Respondent

Procedural Posture

Care Order Application / Final Hearing

Legal Issues

  1. 1 Whether the threshold for making a care order is met
  2. 2 Whether a care order is necessary and proportionate
  3. 3 Appropriate quantum, scope and conditions of parental contact

Ratio Decidendi

The threshold for a care order under section 31 Children Act 1989 is met due to parental dishonesty, drug misuse, unsafe environment, and failure to comply with care plans. The only order capable of meeting A's welfare needs is a Care Order with A to remain in foster care. Monthly supervised contact is proportionate and unsupervised contact is not appropriate at this time. The Local Authority's failings did not materially influence parental conduct but emboldened their deception. It is not proportionate for the court to restrict the Local Authority's duty to promote contact.

Court Disposition

Care Order granted in favour of Caerphilly County Borough Council; A to remain in foster care.

Orders

  • Care Order made with usual directions
  • Monthly supervised contact for parents