Devon County Council v M & Ors

Devon County Council v M & Ors

The court found that neither parent had fully accepted the findings or processed the consequences of the injuries to A, and neither would police the other’s care. The risk to A of further harm was too great, and the family safety plan under the resolutions approach did not provide sufficient protection. Placement with the paternal grandmother under a special guardianship order was in A’s best interests.

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 and Special Guardianship Proceedings / Final Hearing and Judgment
Outcome
Special guardianship order granted to the paternal grandmother and her partner; application for return to parents refused.
Legal Topics
Special Guardianship Order, Care Order, Child Welfare, Non Accidental Injury, Resolutions Approach, Parental Responsibility
Family Law Child Protection Special Guardianship Order Care Order Child Welfare Non Accidental Injury Resolutions Approach Parental Responsibility

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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 and Special Guardianship Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether A should be returned to the care of his parents under a care order with a family safety plan or placed with the paternal grandmother under a special guardianship order
  2. 2 Whether the resolutions approach and family safety plan provide sufficient protection for A
  3. 3 Whether the parents have accepted the findings and can provide safe care

Ratio Decidendi

The court found that neither parent had fully accepted the findings or processed the consequences of the injuries to A, and neither would police the other’s care. The risk to A of further harm was too great, and the family safety plan under the resolutions approach did not provide sufficient protection. Placement with the paternal grandmother under a special guardianship order was in A’s best interests.

Court Disposition

Special guardianship order granted to the paternal grandmother and her partner; application for return to parents refused.

Orders

  • Special guardianship order to the paternal grandmother and her partner
  • Minimum of two periods of contact per year between A and each parent