I County Council v TD & Ors

I County Council v TD & Ors

The supervision order is proportionate and sufficient to address the risks identified; care orders are not justified as the protection of the children does not require the stronger order. The Mother has demonstrated capacity for change and cooperation. Contact arrangements must be tailored to the needs and safety of the children, with indirect contact for ER and ES, and conditional supervised contact for TB and HP.

Parties
Applicant: I County Council; First Respondent: TD; Second Respondent: HP; Third Respondent: ES; Fourth to Seventh Respondents: TB, EJ, ER and GJ (by their Children's Guardian, WR)
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Care and Supervision Proceedings / Final Judgment
Outcome
Supervision order granted; child arrangement orders made; contact orders specified.
Legal Topics
Care Orders, Supervision Orders, Child Arrangements, Contact Orders, Domestic Violence, Parental Responsibility
Family Law Child Protection Care Orders Supervision Orders Child Arrangements Contact Orders Domestic Violence Parental Responsibility

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Parties

I County Council

Applicant

TD

First Respondent

HP

Second Respondent

ES

Third Respondent

TB, EJ, ER and GJ (by their Children's Guardian, WR)

Fourth to Seventh Respondents

Procedural Posture

Care and Supervision Proceedings / Final Judgment

Legal Issues

  1. 1 Whether to make care orders or supervision orders for four children
  2. 2 Appropriate arrangements for contact between children and their fathers
  3. 3 Assessment of risk and parental capacity

Ratio Decidendi

The supervision order is proportionate and sufficient to address the risks identified; care orders are not justified as the protection of the children does not require the stronger order. The Mother has demonstrated capacity for change and cooperation. Contact arrangements must be tailored to the needs and safety of the children, with indirect contact for ER and ES, and conditional supervised contact for TB and HP.

Court Disposition

Supervision order granted; child arrangement orders made; contact orders specified.

Orders

  • Four children to live with their Mother subject to a one-year supervision order in favour of the Local Authority.
  • Local Authority to prepare a Care and Support Plan pursuant to the Social Services and Well Being (Wales) Act 2014.