A & B (Children)

A & B (Children)

On a fine balance, it is neither necessary nor proportionate at this stage to remove the children from their mothers' care. The harm experienced at home is not shown to be of greater magnitude than the harm of removal, and there is a realistic prospect of remedying the situation with active social work intervention. An interim supervision order, not a care order, is appropriate, with the children to remain at home and a structured programme of support and contact to be implemented.

Parties
Applicant: F1; Applicant: F2; Respondent: M1; Respondent: M2; Respondent: X County Council; Respondent: A; Respondent: B (by her Guardian)
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Family / Interim Hearing on Placement and Contact Pending Final Determination
Outcome
Interim supervision order granted; children to remain at home with mothers; structured support and contact arrangements ordered.
Legal Topics
Interim Care and Supervision Orders, Child Welfare, Contact Arrangements, Removal From Parental Care, Threshold Criteria Under Children Act 1989
Family Law Child Protection Interim Care and Supervision Orders Child Welfare Contact Arrangements Removal From Parental Care Threshold Criteria Under Children Act 1989

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Parties

F1

Applicant

F2

Applicant

M1

Respondent

M2

Respondent

X County Council

Respondent

A

Respondent

B (by her Guardian)

Respondent

Procedural Posture

Family / Interim Hearing on Placement and Contact Pending Final Determination

Legal Issues

  1. 1 Whether it is necessary and proportionate to remove the children from their mothers' care and place them in foster care on an interim basis
  2. 2 Whether an interim care order or supervision order should be made
  3. 3 Appropriate arrangements for interim contact between the children and their fathers

Ratio Decidendi

On a fine balance, it is neither necessary nor proportionate at this stage to remove the children from their mothers' care. The harm experienced at home is not shown to be of greater magnitude than the harm of removal, and there is a realistic prospect of remedying the situation with active social work intervention. An interim supervision order, not a care order, is appropriate, with the children to remain at home and a structured programme of support and contact to be implemented.

Court Disposition

Interim supervision order granted; children to remain at home with mothers; structured support and contact arrangements ordered.

Orders

  • Interim supervision order in favour of X County Council
  • Children to remain in the care of their mothers