Birmingham City Council v CJH [2025] EWFC 173 (B) (19 March 2025)

Birmingham City Council v CJH [2025] EWFC 173 (B) (19 March 2025)

The court determined that, although statutory disregard provisions would ordinarily point to Birmingham as the designated authority, the facts of this case are exceptional. M is now placed with her maternal grandmother and half-siblings in North Yorkshire, all subject to North Yorkshire care orders. To avoid...

Source-derived case information.

Citation
[2025] EWFC 173 (B)
Parties
Claimant: Birmingham City Council; Defendant: CJH; Children's Guardian: Ms Narinder Singh; North Yorkshire Council Representative: Mr Iain Hutchinson
Jurisdiction
England and Wales
Judgment Date
19 March 2025
Procedural Posture
Public Law Children Proceedings / Final Hearing and Designation Determination
Outcome
Final Care Order made for M; North Yorkshire designated as responsible local authority; contact arrangements set and subject to review.
Legal Topics
Care Orders, Designation of Local Authority, Contact Arrangements, Welfare of the Child
Family Law Child Protection Care Orders Designation of Local Authority Contact Arrangements Welfare of the Child

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Parties

Birmingham City Council

Claimant

CJH

Defendant

Ms Narinder Singh

Children's Guardian

Mr Iain Hutchinson

North Yorkshire Council Representative

Procedural Posture

Public Law Children Proceedings / Final Hearing and Designation Determination

Legal Issues

  1. 1 Whether a Final Care Order should be made for M and on what terms
  2. 2 Which Local Authority should be designated for M under the Children Act 1989
  3. 3 What contact arrangements are appropriate between M and her mother

Ratio Decidendi

The court determined that, although statutory disregard provisions would ordinarily point to Birmingham as the designated authority, the facts of this case are exceptional. M is now placed with her maternal grandmother and half-siblings in North Yorkshire, all subject to North Yorkshire care orders. To avoid duplication, logistical difficulties, and to ensure joined-up support, North Yorkshire is designated as the responsible authority. A Final Care Order is made for M with a plan for her to remain with her maternal family, and contact arrangements are set at seven times per annum, subject to review.

Court Disposition

Final Care Order made for M; North Yorkshire designated as responsible local authority; contact arrangements set and subject to review.

Orders

  • Final Care Order for M in favour of Birmingham City Council, with immediate transfer of designation to North Yorkshire Council.
  • M to remain living with maternal grandmother and her partner in North Yorkshire.