Devon County Council v M & Ors [2018] EWFC 106 (B) (28 November 2018)

Devon County Council v M & Ors [2018] EWFC 106 (B) (28 November 2018)

The parents have not demonstrated sufficient acceptance of the findings regarding A's injuries or protective capacity; the risk to A in parental care remains too high. The welfare of A is best served by placement with the paternal grandmother and her partner under a special guardianship order.

Citation
[2018] EWFC 106 (B)
Parties
Applicant: Devon County Council; First Respondent: M; Second Respondent: F; Third Respondent: A, through his Children's Guardian
Jurisdiction
England and Wales
Judgment Date
28 November 2018
Procedural Posture
Care Proceedings (public Law) / Final Hearing
Outcome
Special guardianship order granted to paternal grandmother and her partner; care plan of local authority approved.
Legal Topics
Care Orders, Special Guardianship, Child Welfare, Non Accidental Injury, Resolutions Approach, Risk Assessment
Family Law Child Protection Care Orders Special Guardianship Child Welfare Non Accidental Injury Resolutions Approach Risk Assessment

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Parties

Devon County Council

Applicant

M

First Respondent

F

Second Respondent

A, through his Children's Guardian

Third Respondent

Procedural Posture

Care Proceedings (public Law) / Final Hearing

Legal Issues

  1. 1 Whether A should be returned to parental care under a care order with a resolutions model and safety plan or placed with paternal grandmother under a special guardianship order
  2. 2 Assessment of risk to A if returned to parents
  3. 3 Adequacy of parental acceptance of findings and protective capacity

Ratio Decidendi

The parents have not demonstrated sufficient acceptance of the findings regarding A's injuries or protective capacity; the risk to A in parental care remains too high. The welfare of A is best served by placement with the paternal grandmother and her partner under a special guardianship order.

Court Disposition

Special guardianship order granted to paternal grandmother and her partner; care plan of local authority approved.

Orders

  • A to live with paternal grandmother and her partner under special guardianship order
  • Parents to have contact as determined by the court