Darlington Borough Council v M & Ors

Darlington Borough Council v M & Ors

The risk of harm to C from remaining in her mother's care, including risks from alcohol misuse, parental dishonesty, and exposure to the volatile parental relationship, is low and does not justify removal. The harm of removal would be disproportionate to the risks identified. The least interventionist and...

Source-derived case information.

Parties
Applicant: Darlington Borough Council; First Respondent (mother): M; Second Respondent (father): F; Third Respondent (child): C (through the Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Application for care order refused; child arrangements order and supervision order granted
Legal Topics
Care Orders, Supervision Orders, Child Arrangements, Domestic Abuse, Parental Substance Misuse, Welfare Checklist, Proportionality
Family Law Child Protection Care Orders Supervision Orders Child Arrangements Domestic Abuse Parental Substance Misuse Welfare Checklist +1 more

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Parties

Darlington Borough Council

Applicant

M

First Respondent (mother)

F

Second Respondent (father)

C (through the Children's Guardian)

Third Respondent (child)

Procedural Posture

Care Proceedings (public Law) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under s.31 Children Act 1989 is met
  2. 2 Whether removal of C from the mother's care is proportionate and necessary
  3. 3 Whether a supervision order is sufficient to protect C's welfare

Ratio Decidendi

The risk of harm to C from remaining in her mother's care, including risks from alcohol misuse, parental dishonesty, and exposure to the volatile parental relationship, is low and does not justify removal. The harm of removal would be disproportionate to the risks identified. The least interventionist and proportionate order is a child arrangements order in favour of the mother, underpinned by a 12-month supervision order.

Court Disposition

Application for care order refused; child arrangements order and supervision order granted

Orders

  • Child arrangements order in favour of the mother
  • 12-month supervision order in favour of the local authority